Terms of Service
1. Acceptance of Terms
Some Services may be subject to additional posted rules, policies and terms. When you use those Services, you and ARA shall be subject to those additional conditions, which are incorporated by reference into these TOS (and, consequently, form part of your agreement with us). Other Services may be governed by different usage terms. In the event of an inconsistency between these TOS and any additional posted conditions or separate usage terms, the provisions of the additional conditions and/or separate usage terms shall control.
Because we may modify all or any part of these TOS from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of a given Service after changes to the TOS have been published on that Service constitutes your binding acceptance of the updated TOS. If at any time the TOS are no longer acceptable to you, you should immediately cease all use of the Services.
2. Description of Services
The Services include a combination of content that we create and that other third party content suppliers create. In addition, some Services provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us or others on or through that Service (collectively, the "Postings").
We adhere to high journalistic standards, and use every reasonable effort to provide informative and relevant content as part of the Services. However, in using the Services, you may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. You understand that the Services are provided by ARA AS IS, and that ARA does not guarantee the accuracy, integrity or quality of any content available on or through the Services. In this regard, you acknowledge that you may not rely on any of this content, whether created by or submitted to ARA, including, but not limited to, product reviews, white papers, product descriptions, stock quotes, journalistic announcements, or Postings on any bulletin board, chat, news group, community, forum or other feedback section of the Services (collectively, the "Forums").
You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Services. All such communication, interaction and participation is strictly and solely between you and such third party and ARA shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Services does not constitute an endorsement by ARA with respect to the content, advertising, products, or other materials available on or from such sites. You further understand and agree that the Services may include certain communications from ARA (such as administrative messages and certain newsletters), and that these communications are considered part of the Service and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS.
Finally, you are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
* you will not interfere with another member's use and enjoyment of the Services;
* you will not interfere with or disrupt the security measures of the Services;
* you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and
* you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use the Services to:
* send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
* harm minors in any way;
* promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by ARA;
* impersonate any person or entity;
* intentionally or unintentionally violate any applicable local, state, national or international law;
* harass another.
Although we reserve the right to edit Postings prior to their inclusion on the Services, as a general matter ARA does not screen or monitor such content. Therefore, you understand that you are solely responsible for all Postings and other materials, whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from your email address on our through the Services. You further agree that your Postings will not violate these TOS. Specifically, you represent and warrant that your Postings will not contain any material that:
* is false, inaccurate, or misleading;
* infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
* violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising);
* is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing;
* is obscene or contains child pornography; or
* contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You also agree that you will not:
* reproduce, distribute, republish or retransmit material posted by any other Services users without the permission of that user and ARA;
* take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
* interfere or attempt to interfere with the proper working of the Services, any activities conducted on or through the Services, or any networks through which you access the Services.
You further represent and warrant that:
* your Postings will be original and/or you will obtain all third-party permission necessary for the use of the Postings as set forth below;
* you are the sole and exclusive owner of all rights herein conveyed to ARA and its affiliates;
* you have the full and restricted power to convey such rights to ARA and its affiliates free and clear of the claims of any other person or entity; and
* you agree, consent to, acknowledge and comprehend that you have not violated these TOS in regards to the administrative, subadministrative or moderative bodies or users elsewhere, and will not violate these TOS in such regards elsewhere; specifically but without limitation, circumscription or boundary, in posting anything that the defined bodies perceive and judge to be false, inaccurate or misleading. You assent to and agree to the fact that pejorative comments on staff members' (including but not limited to administrative, subadministrative and moderative users) language use are subject to the full extent of what is punitively outlined in these TOS.
In sum, Postings do not reflect the views of ARA and ARA does not verify, endorse, of vouch for any such content. We do, however, enforce these TOS, and if we determine in our sole or unified discretion that any Posting is inaccurate, was posted without authorization, or otherwise does or may violate these TOS, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse or remove the Posting; (b) revoke the applicable user's right to use the Services; and/or (c) use any technological, legal, operational or other means available to ARA to enforce the provisions of these TOS, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.
Finally, you specifically grant to ARA and its affiliates and service providers (or warrant that the owner of such content grants to ARA and its affiliates and service providers) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, to:
* use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Postings submitted by you or through your account, in whole or in part;
* use, in whole or in part, your name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by you as part of or in connection with such Postings ("Image"), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and
* incorporate the Postings and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.
For sake of clarity, by virtue of the above grant, you also give ARA and its affiliates permission to copy your Postings and the Image as part of the normal backup process and/or to archive discussions containing your Postings and/or the Image.