This Web site (www.raxta.com) is the interactive online service operated by RAXTA.com ("Online Service Provider") on the World Wide Web of the Internet, and consists of information, services, and content provided by the Online Service Provider. "USER" means each person who establishes or accesses a connection ("Account") for access to and use of RAXTA.COM. So if you access the RAXTA.com, you accept these terms and conditions.
(A) The right to use RAXTA.COM Interactive is personal to THE USER and is not transferable to any other person or entity. THE USER is responsible for all use of THE USER's Account (under any screen name or password) and for ensuring that all use of THE USER´s Account complies fully with the provisions of this Agreement. THE USER shall be responsible for protecting the confidentiality of THE USER´s password(s), if any.
(B) RAXTA.COM shall have the right at any time to change or discontinue any aspect or feature of RAXTA.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
RAXTA.COM shall have the right at any time to change or modify the terms and conditions applicable to THE USER use of the Web site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the Web site or by any means of notification by which THE USER obtains actual knowledge thereof. Any use of the Online Services by THE USER after such notice shall be deemed to constitute acceptance by THE USER of such changes, modifications, additions or deletions.
THE USER Conduct.
(A) THE USER shall use the Web site for lawful purposes only. THE USER shall not post or transmit through the Web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without RAXTA.COM express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a THE USER that in RAXTA.COM´S discretion restricts or inhibits any other THE USER from using or enjoying the Web site will not be permitted.
(B) RAXTA.COM contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Web site are copyrighted as a collective work under copyright laws. The RAXTA.COM owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. THE USER may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. THE USER may download copyrighted material for THE USER's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Online Service Provider 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.
(C) THE USER shall not upload, post or otherwise make available on the Web 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 THE USER. THE USER may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. THE USER shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. THE USER hereby grants RAXTA.COM the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on the Online Services by THE USER, including but not limited to any material posted by THE USER on the Web site's post, any information entries, and forums, and any email queries submitted by THE USER to the RAXTA.COM, including without limitation publish and distribute such material on the Web Site and in any print publications published and distributed by RAXTA.COM or any of its affiliates. Specifically, without limitation, RAXTA.COM may from time to time reproduce selected THE USER email queries on its post such reviews, new spots, articles and news or forums so that other THE USERs may respond hereto.
(D) By publishing or submitting any content including, articles, stories, postings and photographs to any part of RAXTA.COM you give permission that such content may be used at the sole discretion of RAXTA.COM anywhere else on the site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.
RAXTA.COM shall have the right, but not the obligation, to monitor the content of the Web site, including any post on the site such reviews, new spots, articles and news and forums, to determine compliance with this Agreement and any operating rules established by RAXTA.COM. RAXTA.COM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, RAXTA.COM shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any USER who fails to conform to any provision of this THE USER's Agreement access to the Web site.
THE USER agrees to indemnify and hold harmless RAXTA.COM from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by THE USER or THE USER's Account.
Disclaimer of Warranty; Limitation of Liability.
(A) THE USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT THE USER'S SOLE RISK. RAXTA.COM DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE 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, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR 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 THE USER.
D) IN NO EVENT WILL RAXTA.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RAXTA.COM OR RAXTA.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE RAXTA.COM. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON RAXTA.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, RAXTA.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RAXTA.COM OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, RAXTA.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Third Party Content.
RAXTA.COM is also a distributor of content supplied by third parties and THE USERs. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, THE USERs or any other user of RAXTA.COM, are those of the respective author(s) or distributor(s) and not of RAXTA.COM. Neither RAXTA.COM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through RAXTA.COM represents the opinions and judgments of the respective information provider, THE USER, or other user not under contract with RAXTA.COM. RAXTA.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on RAXTA.COM by anyone other than authorized RAXTA.COM employee spokespersons while acting in their official capacities. Under no circumstances will RAXTA.COM be liable for any loss or damage caused by a THE USER's reliance on information obtained through RAXTA.COM. It is the responsibility of THE USER to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through RAXTA.COM. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Comments, reviews, news and other content.
THE USERS may post reviews, comments, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RAXTA.COM reserves the right to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant RAXTA.COM and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RAXTA.COM and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RAXTA.COM or its affiliates for all claims resulting from content you supply.
RAXTA.COM has the right but not the obligation to monitor and edit or remove any activity or content.
RAXTA.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
Either RAXTA.COM or THE USER may terminate this Agreement at any time. Without limiting the foregoing, RAXTA.COM shall have the right to immediately terminate THE USER's Account in the event of any conduct by THE USER which RAXTA.COM, in its sole discretion, considers to be unacceptable, or in the event of any breach by THE USER of this Agreement.
RAXTA.COM reserves the right to refuse service, or parts of the service, or access to the RAXTA.COM servers, to anyone for any reason. We enforce this policy to ensure a professional environment for the users of the site. We reserve the right to remove or edit any content or cancel any membership without prior notice and without providing a reason.
RAXTA.COM respects the rights of all copyright holders and in this regard, RAXTA.COM has adopted and implemented a policy that provides for the termination in appropriate circumstances of THE USERs and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RAXTA.COM's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512.
All content on this site, including text, graphics, logos, icons, images, designs, audio clips, and software, is the property of RAXTA.COM. or its content suppliers and is protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of RAXTA.COM and is protected by international copyright laws. All software used on this site is the property RAXTA.COM or its software suppliers and protected by international copyright laws. The content and software on this site may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Privacy statement .
RAXTA.COM does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from a contest or sweepstakes registration, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), suggestions, voting/polling activities and transactional areas. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from RAXTA.COM and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, RAXTA.COM reserves the right to contact a THE USER regarding account status, changes to the THE USER agreement and other matters relevant to the underlying service and/or the information collected.
RAXTA.COM reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. RAXTA.COM will provide only aggregated data from these analyses to third parties. Also, users should be aware that RAXTA.COM may sometimes permit third parties to offer subscription and/or registration-based services through a RAXTA.COM site.
Additionally, users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of the RAXTA.COM sites, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of RAXTA.COM.
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of RAXTA.COM's internet servers or through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site.
Upon request, RAXTA.COM will allow any user to "opt out" of further promotional contacts at any time. Additionally upon request, RAXTA.COM will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, RAXTA.COM will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.
The foregoing policies are effective as of November 13, 2006. RAXTA.COM reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Terms of Service
The use of this site is futher subject to the Terms of Service and Forum Rules as published on the site. We reserve the right to make changes to our site and to these disclaimers, terms, and conditions at any time.