RSAM CUSTOMER COMMUNITY
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. RSAM WILL ACCEPT NO ADDITIONS OR DELETIONS. At any time Rsam may change, add, or remove any part of this Agreement, upon reasonable notice to you, or any part of the services and features provided at the Website.
IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
Your access or use of the Website in any way evidences your acceptance of the then current version of the Terms, and any related rules and guidelines. Rsam reserves the right to waive or modify any of the Terms as they apply to a specific Posting and user without affecting the application of the Terms to all other postings and users. "Postings” means, but is not limited to, any text, links, images, communications, opinions, software, data, and any other content any person provides on the Website, including, but not limited to message boards, chats (discussion forums) blogs, wiki pages or otherwise. Your use of the Website, or any materials or services accessible through it, after such posting or notification constitutes your acceptance of such modifications. Your violation of any of the Terms may result in the suspension or termination of your access or use of the Website.
The Website is intended to provide Rsam customers with the opportunity to exchange useful and helpful information. Rsam does not and cannot pre-screen or review every Posting. However, Rsam (and trusted users) may edit any Posting it considers, in its sole discretion, to violate the Terms, including removing any personally identifiable information.
Use Common Sense:
You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other participants’ Postings on the Website. Remember, due to the anonymous nature of the Internet, other Website participants may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated. You agree that Rsam is not responsible for the accuracy of the content of the Website and will not be liable for any damages incurred as a result of the submission or use of any such content. Participants may post hypertext links to content hosted and maintained by third parties. Rsam has no obligation to monitor these linked Websites, and is not responsible for them. Your access to any linked Websites is at your own risk, so you should use good judgment before you click on any link or access any linked Website.
No inappropriate material, spam or attacks:
You agree not to upload, post or otherwise transmit any content (including but not limited to text, links, communications, software, images, sounds, data or other information) that:
Contains inappropriate content such as:
- Including profanity in subject lines, signatures within messages or member names;
- Posting any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind;
- Discussing illegal activity, or posting links to other Websites that deal with such activities;
- Violating copyright or other intellectual property rights;· Posting or transmitting any information or software that contains a virus, Trojan horse, worm, cancelbots, time bombs, corrupted files, or other harmful or disruptive component; or
- Posting a link that directs participants to any content or information that, if posted on the Website, would constitute a violation of the Terms.
Spam such as:
- Advertisements for other web Websites and services, or other commercial solicitation;
- Chain letters, pyramid schemes or securities offerings;
- "Bombing” the Website or individual threads with repetitive, pointless or irrelevant Postings;
- Excessive cross-posting; or
- Postings that are unrelated to the Website.
No advertising, the following are not allowed:
- Do not use the Website to sell or market your products to others and do not post a URL unless it directly answers a user’s question. If any portion of your Posting, including any posted URL, results in any accrual of compensation or benefit to you, you must note this in your post by stating, "I may receive compensation, financial or otherwise, from this recommendation or link.”;
- A Posting created solely to advertise a book, service, software or some other item for sale;
- Any reference, including a link, to a commercial item that is not directly related to a relevant technical support question or answer; or·
- You may sign your Postings with information about yourself. However, this should not include a link to a Website.
Attacks such as:
- "Flaming” other members or any entities in a manner that might incite or perpetuate a conflict or argument, including attacks of any kind;
- Creating usernames to attack other participants’ identities (i.e., choosing a name almost identical for purposes of impersonation, slamming on someone through your name choice) Impersonating other individuals or falsely representing your identity or qualifications;
- Posts made under secondary usernames or other aliases for the purpose of either supporting or belittling others; or· Posts that breach any users’ privacy, e.g., contain personal or sensitive information such as name, address, phone, email address or other identifying information.
MATERIALS PROVIDED TO RSAM OR POSTED AT THE WEBSITE.
IF YOU DO NOT WANT TO GRANT TO RSAM THE RIGHTS SET FORTH BELOW, DO NOT SEND YOUR POSTING TO THE WEBSITE.
Rsam does not claim ownership of the materials you provide to Rsam; however, by uploading, inputting, providing or submitting your Posting you are granting Rsam, its affiliated companies and necessary sublicensees a perpetual, royalty-free, non-exclusive worldwide right and license to use your Posting in connection with the operation of their Internet business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Posting; to publish your name in connection with your Posting; and the right to sublicense such rights.
No compensation will be paid with respect to the use of your Posting, as provided herein. Rsam is under no obligation to post or use any Posting you may provide and Rsam may remove any Posting at any time in its sole discretion.
By sending a Posting to the Website you warrant and represent that you own or otherwise control all of the rights to your Posting as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Posting.
In addition to the warranty and representation set forth above, by sending a Posting to the Website that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the licenses and sublicenses described in this Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by this Agreement, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Registration, wherein participants must create a login id, sign in, and create a nickname is required in order to access the Website for the purpose of either: (i) reading Postings on the Website; or to ask, comment on, or answer a question. Rsam may refuse to grant you, and you may not use, a nickname (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that Rsam rejects for any other reason in its sole discretion. You agree that any information provided in your profile is accurate, true, current and complete, and that you will keep it updated. Rsam may terminate your account if any of the information provided is found to be inaccurate, false, out of date or incomplete.
A NOTE ABOUT MINORS
This Website is a business and commercial site. As such, it is not intended for children or minors. In compliance with the Children's Online Privacy Protection Act of 1998, no one under 13 years of age can use the Website. If you are a minor between the ages of 13 and 18, you may use the Webite only in conjunction with your parent, legal guardian, or other responsible adult.
Rsam reserves the right to manage the Postings on the Website in order to facilitate the orderly distribution of information through the Website. For that purpose Rsam may, at its election, designate Rsam employees to act as moderators/administrators for the Website ("Moderators”). These Moderators are the only authorized representatives of Rsam who can manage the Website. Any Rsam employees who are not designated as Moderators or Rsam experts are not authorized to represent themselves on the Website as Rsam employees, and you agree that you are not providing official Rsam responses. Rsam is not responsible for content provided by any Rsam employee who is not designated as a Moderator or a Rsam expert.
We do ask that you help us keep this Website honest, tolerant and considerate. If you see anything violating the Terms, click the "Report Abuse” link button on the applicable post and confidentially tell us about any offending messages or other violations of the Terms. Repeat offenders will be contacted by e-mail and eventually banned from the Website. If violations are egregious (wide-scale spamming, or of pornographic/inappropriate nature) we will contact the appropriate authorities.
MODIFICATION AND DISCONTINUANCE OF THE WEBSITE
Rsam reserves the right at any time and from time to time to delete, modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof, including any Postings) with or without notice. You agree that Rsam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Your privilege to use or access the Website may be terminated by Rsam immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Website and agree not to re-register or otherwise make use of the Website. Furthermore, you acknowledge that Rsam reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that Rsam may exercise this right in its sole discretion.
DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY
- RSAM INVOLVEMENT: RSAM DOES NOT FORMALLY PROVIDE TECHNICAL SUPPORT ON THE WEBSITE. HOWEVER, ANY INFORMATION THAT IS PROVIDED BY RSAM OR RSAM EMPLOYEES IS OFFERED ON AN "AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.
- MOST OF THE CONTENT POSTED TO THE WEBSITE IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH RSAM. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT RSAM DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT RSAM IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD RSAM, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF POSTINGS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- THE CONTENT ON THE WEBSITE IS "AS IS” AND CARRIES NO WARRANTIES. RSAM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE WEBSITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. RSAM DOES NOT WARRANT THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. RSAM IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RSAM AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO FILE YOUR RETURN, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF RSAM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RSAM AND YOU. RSAM WOULD NOT BE ABLE TO HAVE PROVIDED THE FORUMS WITHOUT SUCH LIMITATIONS.
The Terms are a complete statement of the agreement between you and Rsam, and set forth the entire liability of Rsam and your exclusive remedy with respect to your access and use of the Website. The agents and employees of Rsam are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Rsam. Any waiver of the Terms by Rsam must be in a writing signed by an authorized officer of Rsam and expressly referencing the applicable provisions of the Terms. Your privilege to use or access the Website may be terminated by Rsam immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Website. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by New Jersey law as applied to agreements entered into and to be performed entirely within New Jersey, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Hudson County, New Jersey and the federal courts in Essex County, New Jersey. The Terms do not limit any rights that Rsam may have under trade secret, copyright, patent or other laws.