YOU AGREE TO READ THIS AGREEMENT BEFORE USING THE ARTIMA NETWORK. THESE TERMS ARE ENTERED INTO BY AND BETWEEN ARTIMA AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH AN ARTIMA NETWORK WEB SITE; (b) USING AN ARTIMA NETWORK WEB SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE ARTIMA NETWORK.
1. DESCRIPTION OF SERVICE. Artima offers certain services to you on the Artima Network, including discussion forums, blogs, articles, zines, news, chapters, RSS aggregators, and mailing lists, through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Artima to provide the Service. Artima reserves the right to refuse Service to any user.
2. REGISTRATION. In order to use certain parts of the Service, you must register and complete the Artima Network's registration screen. As part of the registration process, you agree: (a) to provide certain limited information about you as prompted by a registration form (such information to be current, complete and accurate); (b) to submit a valid e-mail address and select a password; (c) to be responsible for all uses of your account—whether or not you have authorized such use—and for maintaining the confidentiality of your password; (d) to notify Artima immediately of any unauthorized use of your account; (e) that you are at least 13 years of age; and (f) to maintain and update this information as required to keep it current, complete and accurate. The information requested during the registration process shall be referred to as registration data (the "Registration Data"). You accept all risks of unauthorized access to Registration Data. Artima reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Artima will not be held liable for any loss or damage for non-compliance with this Agreement.
3. USER CONDUCT. As part of Artima Network's community of users, you will naturally agree to act responsibly and to treat other users with respect. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Service.
4. CONTENT. You are fully responsible for any data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") you upload, post, or otherwise transmit on or via the Service including, but not limited to forum posts, articles, news stories, blogs, and e-mail messages—and the consequences of any such Content. You agree not to post any Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others and are fully responsible for any Content that you do post. You understand and agree that Artima may review from time to time and delete any Content, including Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others. Content that is illegal or prohibited ("Prohibited Content"), includes, but is not limited to, Content that:
6. COPYRIGHT. Please see our Copyright Notice incorporated herein by reference.
7. TERMINATION. Artima reserves the right to refuse service to anyone in its sole discretion. Artima may terminate your Service and remove any and all Information, Content, postings or communications at any time, without notice, for conduct that violates this Agreement.
8. ADVERTISEMENTS AND PROMOTIONS. Artima runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Artima found on or through an Artima Network Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Artima is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Artima advertisers on an Artima Network Web Site.
9. CONTENT PROVIDED VIA LINKS. You may find links to other Internet sites or resources on an Artima Network Web Site. You acknowledge and agree that Artima is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Artima will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. MODIFICATION. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON THE ARTIMA NETWORK. Your continued use of the Artima Network indicates your acceptance of any amendments to the Agreement.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE ARTIMA NETWORK IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE ARTIMA NETWORK ARE PROVIDED ON AN "AS IS" BASIS. ARTIMA, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ARTIMA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE ARTIMA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ARTIMA, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ARTIMA DOES NOT WARRANT THAT THE ARTIMA NETWORK OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW, ARTIMA, ITS LICENSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE EVEN IF ARTIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR TORT. FURTHER, ARTIMA SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. TO THE EXTENT THAT ANY JURSIDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORITONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
13. INDEMNITY. You hereby agree, at your expense, to indemnify, defend and hold Artima and its affiliates, shareholders, officers, directors, agents, licensors, suppliers, partners, employees and representatives harmless from and against any claim or demand, including any losses, costs, damages, liability, and/or expense made by a third party arising out of or relating to (a) your violation of rights of others, (b) your fraud or manipulation, or other breach of this Agreement, or (c) your use of the Artima Network, any service, or software.
14. ARTIMA TRADEMARKS NOTICE. The term "Artima" and all graphic images associated with the site are trademarks or registered trademarks of Artima, Inc. All other company and/or product names may be trademarks or registered trademarks of their owners.
15. GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Mateo, California and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Artima's failure to act with respect to a breach by you does not waive Artima's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Artima shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Artima's reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration.
16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside or use the Service.