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Acceptance Your participation use of the RubyPublishing.com website(the "SERVICE") is condition upon your acceptance of the terms and conditions contained in this agreement. Please read this agreement carefully. If you do not agree to this agreement, please do not use the Service. RubyPublishing.com offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online Services on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.RubyPublishing.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by RubyPublishing.com. Accurate Information You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service. Privacy To protect your privacy, RubyPublishing.com follows the following practices for customer privacy and data protection. We will ask you when we need information that personally identifies you (Personal Information) or allows us to contact you. Generally this information is requested when you are asked to register before downloading free software, entering a contest, ordering e-mail newsletters or joining a limited-access premium site. We use your Personal Information for four primary purposes: To make the site easier for you to use by not having to enter information more than once. To help you quickly find software, services or information on RubyPublishing.com. To help us create content most relevant to you. To alert you to product upgrades, special offers, updated information and other new services from Ruby Publishing. If you choose not to register or provide personal information, you can still use most of RubyPublishing.com. But you will not be able to access areas that require registration. If you decide to register, you will be able to select the information you want to receive from RubyPublishing.com by subscribing to various services. We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the service. RubyPublishing.com strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. If for some reason you believe RubyPublishing.com has not adhered to these principles, please notify us by e-mail, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line. When you enter into transactions with or provide information to other companies providing content to the Service, you will be subject to their privacy policies. Member Account, Password and Security You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. Your Responsibility and Use of Content You are responsible for any content that you post or transmit on or through the Service. You will not use the Service to distribute, link to, or solicit content that: is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; includes personally identifiable information about children; infringes someone else's intellectual property or other rights; advocates or solicits violence or other criminal conduct; violates any law, regulation, or contract; promotes participation in multi-level or pyramid marketing initiatives; constitutes a raffle, sweepstakes, lottery, or any other form of gambling; specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Virginia, California, or the domicile of either the distributor or recipient; constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as RubyPublishing.com specifically authorizes; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment. You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Service. The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of RubyPublishing.com. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view adult-oriented areas of the Service. We may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (1) comply with legal process; (2) enforce these terms, (3) respond to claims that any content violates the rights of third parties; (4) protect the rights, property, or personal safety of RubyPublishing.com, its users, or the public, or (5) administer the Service. We may use the content in and out of this web site by RubyPublishing.com to improve this web site without notice and further permission. We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties. We may set limits regarding the Service, including limits on the length of storage of email and other user content, the number of messages going to or from a user account, the size of messages, and the total amount of storage available to a user. We are not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Service. We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms. Reader and member post Content If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licenseable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public via the Open Directory License, the RubyPublishing.com Public License, and other applicable licenses. If you submit summary files or other materials to the Service or RubyPublishing.com, you license us to display, distribute, frame, and link to that content via RubyPublishing.com or other parts of the Service, and warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party. RubyPublishing.com does not and cannot review the Content posted by members of the Service (including any articles and webpages created by members) and is not responsible for such Content. However, RubyPublishing.com reserves the right to reject, delete, move or edit any Content it deems unacceptable (including articles and webpages created by members and messages posted in any forum) without prior notice for any reason or for no reason at all. You shall remain solely responsible for all Content posted by you or by any other person using your account. RubyPublishing.com shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it maydetermine is its sole discretion. In the event you believe that any Content posted to the Service infringes on your copyright or other intellectual property rights, you may notify the Service of the alleged infringement by sending an e-mail message to RubyPublishing.com. To provide the Service with information to evaluate the claimed infringement, notification under this Section should include (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other right alleged to be infringed; (2) identification of the copyrighted work(s) claimed to have been infringed (in the case of multiple works at a single online site, a representative list of the works at the site will be sufficient); (3) identification of the material claimed to be infringing or subject to infringement litigation, and information reasonably sufficient to permit the Service to locate the material; and (4) your contact information, such as your address, telephone number and e-mail address. Your notification should also include a statement that you are authorized to act on behalf of the owner of the copyright or other rights claimed to have been infringed, that you have a good faith belief the use of the material in the manner complained of is not authorized by law or by the rightful owner of the material, and that the information in the notification is true and accurateunder penalty of perjury. If the Service receives proper notification of infringement, it will remove or disable access to the challenged material and will take reasonable steps to notify the member who originally posted it that the Service has removed or disabled access to that material. The member may then submit a counter-notification by sending an e-mail message to RubyPublishing.com explaining why the member believes that material is not infringing. To be effective, the counter-notification should include (1) a physical or electronic signature of the member; (2) identification of the material that has been removed and the location where the material was located before it was removed; (3) a statement under penalty of perjury that the member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the member's contact information, such as the member's address, telephone number and e-mail address; and (5) a statement that the member will consent to jurisdiction of the federal court for the district in which that address is located, and that the member will accept service of process from the person who provided the notification described in before or that person'sagent. Upon receipt of a counter-notification complying with the requirements of before, the Service will promptly provide the person who submitted the original notification with a copy of the counter-notification and will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days unless that person provides to RubyPublishing.com (via e-mail message) notification that the person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material posted to the Service. The Service will terminate the accounts of members who repeatedly infringe the copyrights of others. Links and Advertisers A number of other companies supply content to the Service and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the RubyPublishing.com trademark will appear on all pages available via the Service to let you know that you are still within RubyPublishing.com, we are not a party to any such transactions and are not liable for any claims or damages that may result from them. We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services. RubyPublishing.com Websites If you use our RubyPublishing.com Websites service or otherwise post content via the Service, you will not: Develop restricted or password-only access pages, or hidden pages or images (those not linked to/from another accessible page); Use your storage space for remote loading or as mere re-direct or mirror site for another home page, whether inside of or beyond RubyPublishing.com; Offer pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities, including files that are intended solely for game emulation; Display any kind of commercial sponsorship or ad banner not sponsored by RubyPublish.com; If you collect personally identifiable information through a RubyPublishing.com Webwsites page or other website hosted by RubyPublishing.com, you must follow the terms of RubyPublishing.com's privacy policy, describing the purpose for gathering the information and the uses to which it may be put, letting users opt out of sharing any personal information with third parties; and letting users edit or make changes to the personal information that you gather. Indemnity You will indemnify RubyPublishing.com, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service or your use of or conduct on the Service. Disclaimer and Limitation of Liability WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND RubyPublishing.COM, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Notices Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement. Trademark and Copyright Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. You may never use our trademarks in the following ways: In a non-Ruby Publishing product name or publication title. In, as, or as part of your own trademarks. To identify products or services that are not Ruby Publishing's. To cause confusion. To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services. To disparage Ruby Publishing. In any other manner that RubyPublishing.com or its users find offensive. When you use our trademarks, please include the following attribution: "Ruby Publishing and logos are registered trademarks of Ruby Publishing in the U.S. and other countries. [List other Ruby Publishing product names used in your document] are also trademarks of Ruby Publishing and may be registered outside the U.S." Except as noted above, you may not use, copy, or redistribute Ruby Publishing Alliance logos without written or electronic permission from Ruby Publishing or the Alliance respectively. If you do not have a pre-existing agreement with Ruby Publishing or the Alliance, you may request permission for logo use, but such permission is granted only infrequently. We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service. Unless otherwise noted, you may view, copy, download, and print RubyPublishing.com documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner. General Terms This Agreement constitutes the entire agreement between you and RubyPublishing.com and governs your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. The laws of the Commonwealth of California except for its conflict-of-law provisions govern this Agreement and our relationship. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect. |