TERMS & CONDITIONS: A+
Computer Media User Agreement
1. General
1.1
This agreement governs your use of the A+ Computer Media information service
(the "Service"), including Discussion Areas, which is operated by A+
Computer Media Inc., an indirect subsidiary of A+ Computer
Services("APLUS"). Additional terms and conditions of use applicable
to specific areas of the Service may also be posted in such areas and, together
with this agreement, govern your use of those areas. This agreement, together
with any such additional term and conditions, are referred to as this
"Agreement."
1.2
APLUS reserves the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon notice published
on the Service. Your continued use of the Service constitutes your binding
acceptance of these terms and conditions, including any changes or
modifications made by APLUS as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you should
immediately cease all use of the Service.
1.3
The Service is directed to teenagers and adults and is not directed to children
under the age of 13. A+ Computer Media complies with the Children's Online
Privacy Protection Act and does not permit registration by and will not
knowingly collect personally identifiable information from anyone under 13.
This requirement will be posted wherever A+ Computer Media collects data within
the Service, such as during the registration process.
2. Use of Content
2.1
You acknowledge that the Service contains information, software, photographs,
audio and video clips, graphics, links and other material (collectively, the
"Content") that are protected by copyright, trademark or other
proprietary rights of APLUS or third parties. All Content on the Service is
copyrighted as a collective work of APLUS pursuant to applicable copyright law.
You agree to comply with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed through the
Service. Users of the Service may use the Content only for their personal,
noncommercial use.
2.2
Except as expressly permitted in Section 2.3 of this Agreement, you may not
modify, publish, transmit, reproduce, create derivative works from, distribute,
perform, display, sell, transfer or in any way exploit any of the Content, in
whole or in part. Content consisting of downloadable software may not be
reverse engineered unless specifically authorized by the owner of the
software's patent and/or copyright. You may post on the Service any Content
owned by you (such as your original statements), Content for which you have
received express permission from the owner and Content in the public domain
(collectively, “Content You Post”). You assume all risk and responsibility for
determining whether any Content You Post is in the public domain. You hereby
grant, transfer and assign to APLUS and its successors, assigns and licensees
(collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual,
worldwide right and license to publish, distribute, reproduce, transmit, use,
translate, display, perform, modify, revise, create derivative works of and
archive the Content You Post, in any form or media now known or hereafter
developed (including without limitation in print, magnetic or electronic form),
on any number of occasions in any form, and to sublicense third parties to do
any of the foregoing with further right of sublicense (the “License”), without
compensation to you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence and that the exercise by
Licensee of Licensee’s rights under the License, shall not violate any laws,
defame or libel any person, invade any person’s right of privacy or publicity
or otherwise violate, misappropriate or infringe the rights of any person
(including without limit copyright or moral right).
2.3
You may download, copy and make any personal, non-commercial use of the Content
and use that is permitted by Sections 107 through 122 of the United States
Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any
section of the Copyright Act or by any other applicable law, rule or
regulation; provided, however, that you maintain all copyright and other
notices contained in such Content; and provided further that you shall not
store electronically any significant portion of any Content.
3. Rules of Conduct
You
shall not post on the Service any Content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening, (b) contains viruses
or other contaminating or destructive features, (c) violates the rights of
others, such as Content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity, or (d) otherwise violates
any applicable law. You may not post on the Service any links to any external
Internet sites that are obscene or pornographic. You shall not use the Service
for any commercial purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to join competitive online
services.
4. Managing Content
APLUS
does not and cannot review the Content posted by users on the Service and is
not responsible for such Content. However, APLUS reserves the right to delete,
move or edit any Content (including Content posted in any Interactive Area)
that it may determine, in its sole discretion, violates this Agreement or is
otherwise unacceptable. You shall remain solely responsible for all Content
posted by you. APLUS shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine in its sole
discretion.
5. No Endorsement
5.1
APLUS does not represent or endorse the accuracy or reliability of any Content
posted on any Interactive Area and you acknowledge that any reliance upon such
Content shall be at your sole risk. Any Content placed on any Interactive Area
by users represents the views of the user posting the statement, and does not
represent the views of APLUS.
5.2
The Service may contain links to sites on the Internet which are owned and
operated by third parties (the "External Sites"). You acknowledge
that APLUS is not responsible for the availability of, or the content located on
or through, any External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
6. Indemnity
You
agree to indemnify, defend and hold APLUS and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the "APLUS Parties") harmless from and
against any and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any APLUS Party in connection with any use or
alleged use of the Service under your password by any person, whether or not
authorized by you. APLUS reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with APLUS's
defense of such claim.
7. Termination of Service
APLUS
reserves the right, in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Service, including the Discussion Areas,
at any time for any reason without prior notice or liability. APLUS may change,
suspend or discontinue all or any aspect of the Service at any time, including
the availability of any feature, database, or Content (including the Discussion
Areas), without prior notice or liability.
8. Disclaimer of Warranties;
Limitation of Liability.
8.1
Neither APLUS nor any provider of third party content or their respective
agents warrants that the service will be uninterrupted or error free; nor does
APLUS, any third party content provider, or their respective agents make any
warranty as to the results to be obtained from use of the service or the
content. The service and the content are distributed on an "As is, as
available" basis. None of APLUS, third party content providers and their
respective agents make any warranties of any kind, either express or implied,
including, without limitation, warranties of title or implied warranties of
merchantability or fitness for a particular purpose, with respect to the
service, any content or any products or services sold through the service.
Neither APLUS nor any third party content provider warrants that any files
available for downloading through the service will be free of viruses or
similar contamination or destructive features. You expressly agree that the
entire risk as to the quality and performance of the service and the accuracy
or completeness of the content is assumed solely by you.
8.2
Neither APLUS, any third party content provider nor their respective agents
shall be liable for any direct, indirect, incidental, special or consequential
damages arising out of the use of or inability to use the service, even if such
party has been advised of the possibility of such damages.
8.3
Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, the liability of APLUS, third
party content providers and their respective agents shall be limited to the
greatest extent permitted by law.
9. Miscellaneous
This
Agreement shall be construed in accordance with the laws of the State of Massachusetts
, without reference to principles of choice of law. You and APLUS each
irrevocably consent to the personal jurisdiction of the federal or state courts
located in Massachusetts, with
respect to any action, suit or proceeding arising out of or related to this
Agreement or to the Service (including without limitation any Content You Post
or other Content) and waive any objection, to venue in any of the Courts for
such an action, suit or proceeding (whether based on forum non conveniens or otherwise);
additionally, you agree that you will not bring any such action, suit or
proceeding in any court other than the Courts. This Agreement constitutes the
entire agreement between the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between the parties with
respect to such subject matter. If any inconsistency exists between the terms
of this agreement and any additional terms and conditions posted on the
Service, such terms shall be interpreted as to eliminate any inconsistency, if
possible, and otherwise, the additional terms and conditions shall control. If
any provision of this Agreement is held invalid, illegal or unenforceable in
any respect, (i) such provision shall be interpreted in such a manner as to
preserve, to the maximum extent possible, the intent of the parties, (ii) the
validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, and (iii) such decision shall not
affect the validity, legality or enforceability of such provision under other
circumstances.
Download Software:
Attention! Our software downloads are all checked virus-free.
Some software was taken from unsecured sources. We do not guarantee its workability and
compatibility. We do not cover any losses spend by its installation. Downloading files
from Aplus-Computer sites means you are informed about it and agree to this terms.