Publishing date: 28Feb04
The terms "You", "User", "Member" and "Buyer" as used hereinafter refer to all individuals and/or entities accessing this website for any reason. Firms that are suppliers of professional services and have signed a service or advertisement agreement with Radiomet.com, may be bound by additional Terms and Conditions as mentioned in their contract.
www.Radiomet.com and Radiomet.com are service marks of Radiomet.com or its affiliates. All rights reserved. These and other graphics, logos and service marks and trademarks of Radiomet.com and its affiliates may not be used without prior written consent of Radiomet.com or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on www.Radiomet.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of www.Radiomet.com is at User's sole risk. Neither Radiomet.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that www.Radiomet.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of www.Radiomet.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through www.Radiomet.com.
THIS SITE IS PROVIDED BY RADIOMET.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. RADIOMET.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RADIOMET.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RADIOMET.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY RADIOMET.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall Radiomet.com or any other party involved in creating, producing, or distributing Radiomet.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use www.Radiomet.com, including but not limited to reliance by a User on any information obtained from www.Radiomet.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to www.Radiomet.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through www.Radiomet.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
User understands that Radiomet.com's web site contains links to third parties' web sites ("Third Party Sites") that are no under the control of Radiomet.com. Radiomet.com is providing these links solely as a convenience and is not responsible for the content or functioning of any Third Party Sites. The inclusion of links to Third Party Sites does not imply any endorsement by Radiomet.com of the operators of such sites or the products or services offered on the Third Party Sites. You are responsible for understanding and abiding by the terms and conditions of use required by all Third Party Sites.
User understands that Radiomet.com provides value-added content in the form of e-mail newsletters, announcements and advertisements and that you will receive this content unless you have chose not to receive these communications. Radiomet.com does not and will not sell personal or corporate information (i.e. name, title, physical or email address) collected through the membership process to third party vendors for solicitation.
a. PROPRIETARY RIGHTS User acknowledges that www.Radiomet.com contains information, documents, data, software, photographs, graphs, videos, typefaces, graphics, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the international copyright laws, and Radiomet.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under international copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT Except as set forth in Section III a. above, User may upload to or otherwise distribute on www.Radiomet.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Radiomet.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement info@Radiomet.com to Radiomet.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Radiomet.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on www.Radiomet.com retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
Radiomet.com is a distributor and not a publisher of Content supplied by third parties and Users. Radiomet.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of www.Radiomet.com, are those of the respective authors or distributors and not of Radiomet.com or its affiliates or any of their officers, directors, employees, or agents. Neither Radiomet.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of www.Radiomet.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through www.Radiomet.com represents the opinions and judgments of the respective Provider, or User not under contract with Radiomet.com. Radiomet.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.Radiomet.com by anyone other than authorized Radiomet.com employees. Under no circumstances shall Radiomet.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through www.Radiomet.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through www.Radiomet.com.
IV. ONLINE CONDUCT
User agrees to use www.Radiomet.com only for lawful purposes. User is prohibited from posting on or transmitting through www.Radiomet.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Radiomet.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), Radiomet.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.Radiomet.com. Radiomet.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate www.Radiomet.com; or (iii) to protect the rights or property of Radiomet.com, its Users or Providers. Radiomet.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Radiomet.com, or any rights of Radiomet.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Radiomet.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Radiomet.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.Radiomet.com.
Furthermore, User agrees not to do any of the following while using this site or any of Radiomet.com's services:
- Conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or is not consistent with this web site's intended use asdetermined by Radiomet.com in it's sole discretion;
- Resell any of the information or services provided by Radiomet.com or otherwise misrepresent that any information or services provided by Radiomet.com are provided by you;
- Restrict or inhibit any user from using this web site or any related services, or deleting or tampering with the posting of other users;
- Post false or misleading information about you, your company, or your services, or create a false identity for the purpose of misleading others;
- Use the web site or any Radiomet.com service or information in connection with surveys, contests, pyramid or multi-level marketing schemes, distributorships, club memberships, chain letters, spamming or unsolicited messages;
- Upload files that contain software or other materials in violation of the intellectual property or privacy rights of others, that contain viruses worms, corrupted files, or any other program tha may damage another user's propoerty or the operation of Radiomet.com or their computers;
- Take any action which would impose or create an unreasonable or disproportionately larde load on this web site's infrastructure;
- Use your password access for any unauthorized purpose or access, tamper with or use non-public or non-authorized areas of the web site;
- Solicit, harvest or otherwise collect information about other users, including their names, email addresses, etc., without their prior consent for any commercial or business purpose or to transmit unsolicited advertising or communications.
V. TERMINATION OF USAGE
Radiomet.com may terminate User's access, or suspend any User's access to all or part of www.Radiomet.com, without notice, for any conduct that Radiomet.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Radiomet.com.
VI. USAGE BY CHILDREN UNDER 13
VII. APPLICABLE LAW
This site is created and controlled by Radiomet.com in the United States of America. As such, the laws of the United States will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Radiomet.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the United States for any litigation arising out of or relating to use of or purchase made through www.Radiomet.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the United States and agrees not to plead or claim in any US or other national court that such litigation brought therein has been brought in an inconvenient forum.