Updated August 16, 2010
2. No Attorney-Client Relationship. This Site is made available “as is” for general educational and informational purposes only. The Site does NOT convey legal advice and should not be relied upon as a substitute for legal advice. Your use of the Site does not create an attorney-client relationship or any other confidential relationship between you and us, or between you and any of our principals, employees, agents, or representatives.
3. User License. RCP hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site, except to the extent permitted by applicable law. If you breach any of these Terms, your authorization to use this Site will terminate.
4. Ownership. You acknowledge that the content displayed or transmitted on the Site (collectively the “Content”) is protected by copyright, trademark and/or other intellectual property laws and by international conventions. You agree not to modify, copy, create derivative works from, reproduce, republish, upload, post, transmit, sell or distribute any aspect of the Site, including but not limited to, the Content, in violation of applicable copyright and other intellectual property laws, and you agree to abide by any and all copyright notices displayed on the Site. You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for your personal, non-exclusive, non-commercial use. Subject to all rights of third-party intellectual property owners, you may use Content for any lawful noncommercial purpose, provided you do not alter the Content or delete or change any copyright, trademark or other proprietary notices.
6. Our Rights To Content Posted By Users. When you submit, upload or post any content via the Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. Although RCP cannot monitor all of the content posted to our Site, we reserve the right (but assume no obligation) to delete, move, condense or edit any content that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You bear all risks and liabilities for all content that you submit, upload, post, transmit or otherwise make available via the Site. All such content, including without limitation, questions, comments, suggestions, and other data and information will be treated as non-confidential and non-proprietary.
7. Community Rules. This Site may include a variety of features, such as discussion forums, blogs, document sharing pages, and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. By accessing and using any such features, you represent and agree that you will not:
• Restrict or inhibit any other user from using and enjoying the Site;
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others or any confidentiality agreement or court order, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, confidentiality agreement, court order or seal, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
• Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site;
• Contact anyone who has asked not to be contacted;
• Engage in personal attacks, harass or threaten, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; or
• Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages – i.e. a flooding attack).
We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
8. No Framing. You may not frame or utilize framing techniques to use, surround or enclose any portion of the Site without the express prior written consent of RCP.
9. Jurisdictional Issues and Governing Law. Users who choose to access this Site do so on their own initiative and are responsible for compliance with all laws in their jurisdiction. By accessing this Site, you agree that with respect to any dispute between you and us, the laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of Florida with respect to such matters.
10. Copyright Concerns. We may remove content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify RCP's agent for notice of claims of infringement, either electronically at the link provided below or by postal mail addressed to:
Rocinante Publishing/ Michael Kirkpatrick (designated DMCA notification agent) 2885 Sanford Ave SW #13487 Grandville, MI 49418. DMCA Contact Form
11. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT NOT PROHIBITED BY LAW. RCP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RCP DISCLAIMS: ANY WARRANTIES FOR THE SECURITY, RELIABILITY, AND ACCURACY OF THE SITE; ANY WARRANTIES FOR OTHER CONTENT, SERVICES OR MATERIALS RECEIVED THROUGH THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; AND ANY WARRANTIES THAT THIS SITE, ITS SERVERS, OR EMAIL MESSAGES THAT WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR CORRUPTION OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. RCP AND ITS AFFILIATES, VENDORS, LICENSORS, CONTRIBUTORS, AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE CONTENT, SITE-RELATED SERVICES AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RCP, ITS LICENSORS OR THE CONTRIBUTORS OF INFORMATION TO THIS SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION ACCESSED ON OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify, release, discharge and hold harmless us, our subsidiaries, affiliates, representatives and service providers (and all of our and their respective officers, directors, employees, agents, representatives, successors and assigns) from any and all damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of any third-party claim or demand relating to your use of this Site, your violation of these Terms, your violation of any rights of a third party, or your violation of applicable U.S. export regulations, rules and laws. These obligations will survive any termination of these Terms.
14. Links to Other Sites. We make no claim or representation regarding, and accept no responsibility for, the accuracy, quality, content, nature or reliability of sites accessible by hyperlink from the Site, or sites linking to the Site. We provide links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation with the linked site, or our endorsement or sponsorship of the linked site or its content. When leaving the Site, you should be aware that our Terms and policies no longer govern and you should review the applicable terms and policies, including privacy policies, of any sites that you visit.
15. Entire Agreement. Except as provided below, these Terms constitute the entire agreement between RCP and you regarding the Site and your use of the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
16. General. The failure of RCP to exercise or enforce any right or provision of these Terms will not result in a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. The headings in these Terms are for the purpose of convenience only, and have no legal or contractual significance. These Terms will inure to the benefit of RCP and our successors and assigns. You may not assign this agreement, by operation of law or otherwise, without our written consent.