Wednesday, 08 September 2010

Computer Currents >> Terms of Services

Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ComputerCurrents Services. By using the ComputerCurrents Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ComputerCurrents Website) or you are a "Member" (which means that you have registered with ComputerCurrents.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the ComputerCurrents Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the ComputerCurrents Website and discontinue use of the ComputerCurrents Services immediately. If you wish to become a Member, communicate with other Members and make use of the ComputerCurrents Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes ComputerCurrents.com's policy for acceptable use of the ComputerCurrents Services and Content posted on the ComputerCurrents Website, your rights, obligations and restrictions regarding your use of the ComputerCurrents Services and ComputerCurrents.com's Privacy Policy. In order to participate in certain ComputerCurrents Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the ComputerCurrents Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

ComputerCurrents.com may modify this Agreement from time to time and such modification shall be effective upon posting by ComputerCurrents.com on the ComputerCurrents Website. You agree to be bound to any changes to this Agreement when you use the ComputerCurrents Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on ComputerCurrents.com and that you provide to other Users. Your ComputerCurrents.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ComputerCurrents.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ComputerCurrents.com assumes no responsibility or liability for this material. If you become aware of misuse of the ComputerCurrents Services by any person, please contact ComputerCurrents or click on the "Report Inappropriate Content" link at the bottom of any ComputerCurrents.com page. ComputerCurrents.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ComputerCurrents Services at any time, for any or no reason, with or without prior notice, and without liability.

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the ComputerCurrents.com domain name, the "ComputerCurrents Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF ComputerCurrents'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT ComputerCurrents.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the ComputerCurrents Website.

These Terms of Service apply to all users of the ComputerCurrents Website, including users who are also contributors of video content, information, and other materials or services on the Website. The ComputerCurrents Website may contain links to third party websites that are not owned or controlled by ComputerCurrents. ComputerCurrents has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ComputerCurrents will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ComputerCurrents from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ComputerCurrents Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access:

  • ComputerCurrents hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without ComputerCurrents's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
  • In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ComputerCurrents immediately of any breach of security or unauthorized use of your account. Although ComputerCurrents will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ComputerCurrents or others due to such unauthorized use.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the ComputerCurrents servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ComputerCurrents grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ComputerCurrents reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights:

The content on the ComputerCurrents Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ComputerCurrents, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ComputerCurrents reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the ComputerCurrents Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ComputerCurrents Website or the Content therein.

User Submissions of Content:


The ComputerCurrents Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ComputerCurrents does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize ComputerCurrents to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
  2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ComputerCurrents, you hereby grant ComputerCurrents a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ComputerCurrents Website and ComputerCurrents's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ComputerCurrents Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ComputerCurrents Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the ComputerCurrents Website.
In connection with User Submissions, you further agree that you will not:
  1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ComputerCurrents all of the license rights granted herein;
  2. Publish falsehoods or misrepresentations that could damage the ComputerCurrents brand or any third party promotions;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. Post advertisements or solicitations of business:
  5. Include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
  6. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
  7. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, ComputerCurrents cannot guarantee the accuracy, integrity or quality of Content
  8. Impersonate another person. ComputerCurrents does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ComputerCurrents expressly disclaims any and all liability in connection with User Submissions. ComputerCurrents does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ComputerCurrents will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ComputerCurrents reserves the right to remove Content and User Submissions without prior notice. ComputerCurrents will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ComputerCurrents also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ComputerCurrents may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  • For clarity, only DMCA notices should be sent to our office. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
  • You understand that when using the ComputerCurrents Website, you will be exposed to User Submissions from a variety of sources, and that ComputerCurrents is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ComputerCurrents with respect thereto, and agree to indemnify and hold ComputerCurrents, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  • ComputerCurrents permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, ComputerCurrents provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the ComputerCurrents website on the pages containing the Embeddable Player. ComputerCurrents reserves the right to discontinue any aspect of the ComputerCurrents Website at any time.
This Agreement is accepted upon your use of the ComputerCurrents Website or any of the ComputerCurrents Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ComputerCurrents.com regarding the use of the ComputerCurrents Services. The failure of ComputerCurrents.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ComputerCurrents.com is a trademark of ComputerCurrents, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ComputerCurrents Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ComputerCurrents Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ComputerCurrents that arises in whole or in part from the ComputerCurrents Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Notice at http://www.ComputerCurrents.com/privacy and any other legal notices published by ComputerCurrents on the Website, shall constitute the entire agreement between you and ComputerCurrents concerning the ComputerCurrents Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ComputerCurrents's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ComputerCurrents reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ComputerCurrents Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ComputerCurrents AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ComputerCurrents WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 

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