|
Terms of Use
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU AGREE TO
THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO
NOT USE THIS SITE.
- General. This site is owned and
operated by The River City Group LLC ("RCG") and contains
materials which are derived in whole or in part from RCG and other
sources. RCG has the right at any time to change or discontinue any
aspect or feature of the site, including, without limitation, the
content, hours of availability, and equipment needed for access or use
of the site. The logo’s, website and corporate names and published
materials on this site are protected by international copyright,
trademark and other intellectual property laws.
All rights reserved.
- Equipment. You shall be responsible for
obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the site and all charges
related thereto.
- Restrictions on Use.
- The site contains copyrighted
material, trademarks and other proprietary information, including,
without limitation, text, software, photos, video, graphics, music
and sound, and the contents of the site are copyrighted under the
United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in
part. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express written permission of RCG and the copyright
owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be
made. You acknowledge that you do not acquire any ownership rights
by downloading copyrighted material.
- You shall not upload, post or
otherwise make available on the site any material protected by
copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is
not protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of the site,
you automatically grant, or warrant that the owner of such material
has expressly granted RCG the royalty-free, worldwide, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, translate and distribute such
material (in whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access,
view, store or reproduce the material for that user's personal use.
You grant RCG the right to edit, copy, display, publish and
distribute any material made available on the site by you.
- Disclaimer of Warranty; Limitation of Liability.
- You expressly agree that use
of this site is at your sole risk.
Neither RCG, its affiliates nor any of the respective
employees, agents, third party content providers or licensors
warrant that the site will be uninterrupted or error free; nor do
they make any warranty as to the results that may be obtained from
use of the site, or as to the accuracy or reliability of any
information, service, or merchandise provided through the site.
- The site is provided on an
“as is” basis without warranties of any kind, either express or
implied, including, but not limited to, warranties of title or
implied warranties of merchantability or fitness
for a particular purpose, other than those warranties which
are implied by and incapable of exclusion, restrictions or
modification under applicable law.
Additionally, there are no warranties as to the results
obtained from the use of the site.
- Certain other products and
services are available for sale via the websites of RCG.
These products are provided by third parties.
RCG is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services.
In addition, certain stock and financial related data are
provided for informational purposes only, and is not intended for
trading or investing purposes.
Stock and other financial related news features should not be
used in any high risk activities where damage or injury to persons,
property, finances or business may result if an error occurs.
You expressly assume all risk for such use.
In addition, there may exist links which allow you to visit
the sites of other companies. Neither
these sites nor the companies to whom they belong are controlled by
RCG. RCG makes no
representations concerning the information provided in these sites
nor the quality or acceptability of the products or services offered
by the companies referenced in these sites.
- This disclaimer of liability
applies to any damages or injury caused by any failure of
performance, error, omission, inaccuracy, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of this site, whether for breach of
contract, tortious behavior (including strict liability),
negligence, or under any other cause of action.
You specifically acknowledge that RCG is not liable for the
defamatory, offensive or illegal conduct of other users or
third-parties and that the risk of injury from the foregoing rests
entirely with you.
- In no event will RCG, or any
person or entity involved in creating, producinng or distributing
the site or the content included therein, be liable in contract, in
tort (including for its own negligence) or under any other legal
theory (including strict liability) for any damages, including,
without limitation, direct, indirect, incidental, special, punitive,
consequential or similar damages, including, without limitation,
lost profits or revenues, loss of use or similar economic loss,
arising out of the use of or inability to use this site. You hereby
acknowledge that the provisions of this section shall apply to all
use of and content on the site.
Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
In no event shall RCG’s total liability to you for all
damages, losses and causes of action whether in contract, tort
(including its own negligence) or under any other legal theory
(including strict liability) exceed the amount paid by you, if any,
for accessing this site.
- Indemnification.
You agree to defend, indemnify and hold harmless RCG and its
affiliates and their respective directors, officers, employees and
agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable
attorneys' fees) arising out of your use of the site.
- Trademarks. RCG, The River City
Group and Interactive Gaming News and each of their logos are
trademarks of The River City Group, LLC. All rights reserved. All
other trademarks appearing on the site are the property of their
respective owners.
- Registration.
To use or register for certain features of these websites, you
must register with RCG on various forms provided.
You agree to provide true, accurate, current and complete
information about yourself as prompted by the form.
If RCG has reasonable grounds to suspect that information
submitted is untrue, inaccurate or incomplete, we have the right to
refuse any and all current or future use of the registered products.
- Passwords. To use certain features of the websites, you may be
assigned certain user identifications and passwords, which are
assigned upon completion of the site’s registration processes. You are responsible for maintaining the confidentiality
of these security features and are responsible for all activities that
occur under your password or account.
You agree to notify us immediately of any unauthorized use of
your account or password or any other breach of security.
- Viruses. RCG also assumes no
responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text, images, video, or audio from
the Site.
- Business Associates.
Most businesses and associations identified on this Site are
independent of RCG. The business associates are not joint ventures or
partners of RCG. No employee or representative of the business
associates is under the control of RCG.
- Changed Terms. RCG has the right at
any time to change or modify the terms and conditions applicable to
use of the site, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means
including, without limitation, posting on the site, or by electronic
or conventional mail, or by any other means. Any use of the site by
you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
- Miscellaneous. These terms of use
constitute the entire agreement of the parties with respect to the
subject matter hereof and supersede all previous written or oral
agreements between the parties with respect to such subject matter.
These terms of use shall be construed in accordance with the laws of
the State of Missouri, without regard to its conflict of laws rules.
You hereby consent to the personal jurisdiction of the State of
Missouri, acknowledge that venue is proper in any state or Federal
court in the State of Missouri, agree that any action related to these
terms of use must be brought in a state or Federal court in the State
of Missouri, and waive any objection that may exist, now or in the
future, with respect to any of the foregoing. No waiver by either
party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given
any legal import.
|