Legal Agreement
1. General Provisions.
1.1 This Agreement governs your use of this web site and its associated services
(the "Web Service"), including interactive chat and forum discussion areas (the
"Interactive Areas"), which are owned and operated by Sethmatics , Inc. and its
subsidiaries, affiliates, divisions and related companies ("Sethmatics").
1.2 Sethmatics 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 Web Service. Your use of the Web Service constitutes your binding acceptance
of these terms and conditions, including any changes or modifications made by Sethmatics
as permitted above. If at any time the terms and conditions of this Agreement are
no longer acceptable to you, you should immediately cease use of the Web Service
and the Interactive Areas.
2. Use of Content:
2.1 You acknowledge that the Web Service contains information, software, photographs,
audio and video clips, graphics, links and other material that are protected by
copyright, trademark or other proprietary rights of Sethmatics or third parties,
including but not limited to product names, logos, designs, titles, and words or
phrases which may be registered in certain jurisdictions (collectively, the "Content").
You agree to comply with any additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the Web Service. Users
of the Web Service may use the Content only for their personal, noncommercial use.
Users of the Web Service wanting to use the content for commercial use must obtain
prior express written permission of Sethmatics.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, display, or in any way exploit any of the content,
in whole or in part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse-engineered unless
specifically authorized by the owner of the software’s patent and or copyright.
Subject to the provisions of this Agreement, you may post on the Web 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. You
assume all right and responsibility for determining whether any content is in the
public domain. You grant to Sethmatics the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose any content that you
place on the Web Service without compensation to you. You represent and warrant
that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated to be for sale
except under the terms of the sale. Such content is the protected and copyrightable
property of Sethmatics. "Free" content may be downloaded for your personal use or
noncommercial distribution consistent with the terms defined in this Agreement.
When using both purchased and "free" content, you will maintain and include all
copyright and other notices contained in such content. Except as expressly permitted
by the copyright laws, no copying, storage, redistribution or publication of any
content is permitted without the express permission of Sethmatics or the owners
of such content or their authorized persons if other than Sethmatics.
3. Rules of Conduct. You shall not post on the Web 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 or reputation. You may not post on the
Web Service any links to any external Internet sites that are obscene or pornographic.
You shall not use the Web Service for any commercial purpose not expressly approved
by Sethmatics, nor shall you distribute any advertising or solicitation of funds
or goods and services or solicit users to join competitive online services.
4. Managing Content. Sethmatics does not and cannot
review the content posted by users on the Web Service and is not responsible for
such content. However, Sethmatics 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 or may violate this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all content posted by you. Sethmatics 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 Sethmatics 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 are the views of the user posting the statement, and do not represent
the views of Sethmatics or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet, which are owned
and operated by third parties (the "External Sites"). You acknowledge that Sethmatics
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 Sethmatics and its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the "Sethmatics Parties")
harmless from and against any and all claims, liability, losses, costs and expenses
(including attorneys’ fees) incurred by any Sethmatics Party in connection with
any use or alleged use of the service under your user name by any person, whether
or not authorized by you. Sethmatics reserves the right, at your 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 Sethmatics’s defense of such
claim.
7. Termination of Service. Sethmatics reserves
the right, in its sole discretion, to restrict, suspend or terminate your access
to all or any part of the Web Service, including the Interactive Areas, at any time
for any reason without prior notice or liability. Sethmatics may change, suspend
or discontinue all or any aspect of the Web Service at any time, including the availability
of any feature, database, or Content (including the Interactive Areas), without
prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER Sethmatics NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES Sethmatics, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE
OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS
AVAILABLE" BASIS. NEITHER Sethmatics, THIRD PARTY CONTENT PROVIDERS, NOR 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 WEB SERVICE, ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER Sethmatics NOR ANY THIRD PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB
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 Sethmatics NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL
BE LIABLE FOR ANY ACT, DIRECT OR 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 OR 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 Sethmatics, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
9. INVESTOR INFORMATION. Investor relations materials
on this web site are provided for convenience only, and speak only as of their original
date or the date specified therein. Available information may change at any time
and may not be reflected on this web site. Sethmatics disclaims any responsibility
to update this web site.
10. FORWARD-LOOKING STATEMENTS. The statements
contained in this site and other materials accessible through these pages that are
not historical in nature are forward- looking statements that involve risks and
uncertainties. Although management of Sethmatics believes that its expectations
are based upon reasonable assumptions within the bounds of its knowledge of Sethmatics's
business, there can be no assurance that the Company's financial goals will be realized.
Numerous factors may affect the Company's actual results and may cause results to
differ materially from those expressed in forward-looking statements made by or
on behalf of the Company. Factors that could cause actual results to differ materially
include fluctuations in advertising revenue with general economic cycles; management's
ability to identify, finance, complete and integrate acquisitions; the performance
of Internet/Broadband trade shows and conferences; the seasonality of revenue from
publishing and trade shows and conferences; the success of new products; increases
in paper and postage cost; the infringement or invalidation of Sethmatics's intellectual
property rights; and the factors listed from time to time in Sethmatics's reports
filed with the Securities and Exchange Commission. Sethmatics does not undertake
any obligation to publicly update or revise any forward-looking statements in this
site whether as a result of new information, future events or otherwise.
11. MISCELLANEOUS. This Agreement shall be construed
in accordance with the laws of the State of Arizona, and the parties irrevocably
consent to bring any action to enforce this Agreement in the federal or state courts
located in Maricopa County in the State of Arizona. 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. All provisions hereof shall survive any termination
of this Agreement as well as any other revisions which by their terms or sense are
intended to survive.