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1. ACCEPTANCE OF TERMS
Use of Ruskin.tv by any person is subject to the following Terms
and Conditions ("TAC") which may be updated by Ruskin.tv
from time to time without notice to you. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service shall be subject to the TAC.
2. DESCRIPTION OF SERVICE
Ruskin.tv provides you and any users which you may from time to
time create within your site with access to a template driven site
which enables you and your users to add a rich collection of information
and digital photographs through the Ruskin.tv service ("The
Service").
You understand and agree that the Service is provided "AS-IS"
and that Ruskin.tv assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user content or personalization
settings.
You are responsible for obtaining access to the Service which may
involve costs for Internet service providers or airtime charges
or similar. You are solely responsible for those fees. In addition,
you must provide and are responsible for all equipment necessary
to access the Service.
3. RUSKIN.TV PRIVACY POLICY
None of the information you make available to Ruskin.tv
shall be sold or passed on by Ruskin.tv to any third parties or
companies for profit in any way.
Ruskin.tv may but is not obligated to include Ruskin.tv related
service announcements and Ruskin.tv administrative messages and
these communications are considered important and an integral part
of Ruskin.tv use and you will not be able to opt out of receiving
them.
4. YOUR OBLIGATIONS
In consideration of your use of the Service you do hereby agree
to provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data"). If you are the registered
subscriber you also agree to pay the monthly service in advance
and in full by any of the payment methods available or by any method
subsequently employed by Ruskin.tv. You do hereby agree to continue
to pay this fee until such time as you do cancel your subscription.
You may cancel your subscription at any time but no monies will
be due to be refunded to you unless specifically agreed in writing
by Ruskin.tv at the time of your initial registration or any subsequent
time.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or Ruskin.tv has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Ruskin.tv has the right to suspend or terminate your access and
refuse any and all current or future use of the Service (or any
portion thereof).
Non payment of the monthly fee in full and on the due date shall
be taken to be notice of cancellation at which time Ruskin.tv shall
have the right but not the obligation to cancel your user account
and all those user accounts which you may have created within your
site. Ruskin.tv shall also have the right but not the obligation
to delete permanently the entire contents of its databases which
may relate to your site. You do hereby agree that Ruskin.tv will
in the event you cancel your subscription either by direct action
or by failure to pay your subscription on time and in full delete
the entire contents of its databases both live and archived or backed
up such that this information is not recoverable at any time and
by any person.
You do also hereby agree that whilst Ruskin.tv will make its best
efforts to retain the contents of its databases for the duration
of your account being properly held with all monies due paid on
time and in full it is not obligated to do so and any failure to
do so will not be cause for action in any way in any jusridiction
and under any terms whatsoever. Further, you do hereby agree that
the entire value of the contents of Ruskin.tv's databases which
may relate to your site shall be deemed to be US$1 and that in the
event of the loss of part or all of the information relating to
your site that Ruskin.tv's liability shall be limited to US$1.
During the special introductory period of 28 days free your site
may be terminated at any time and for any reason at the sole discretion
of Ruskin.tv. Ruskin.tv is not required to give you any notice and
no liability will be incurred or accepted by Ruskin.tv for any loss
you may incur.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
On completing your registration you will receive a username and
password. You are responsible for maintaining the confidentiality
of these details and are fully responsible for all activities that
occur under your username or password or any usernames and password
which you create.
You do hereby agree to:
(a) immediately notify Ruskin.tv of any unauthorized use of your
username or password or any other breach of security,
(b) ensure that you click the logout and clear cookies link at the
end of each session of use.
Ruskin.tv cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. YOUR CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content
originated. This means that you, and not Ruskin.tv, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Ruskin.tv does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will Ruskin.tv be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a Ruskin.tv official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue or act in a manner that negatively
affects other users' ability to engage in use of the Service;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
You acknowledge that Ruskin.tv does not pre-screen Content, but
that Ruskin.tv and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limiting the foregoing,
Ruskin.tv and its designees shall have the right to remove any Content
that violates the TAC or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by Ruskin.tv or submitted
to Ruskin.tv.
You acknowledge and agree that Ruskin.tv may preserve Content and
may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TAC;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Ruskin.tv,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Ruskin.tv does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on the Service,
you grant Ruskin.tv the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion
on the Service the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting Ruskin.tv.
This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time
you remove or Ruskin.tv removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or
make available for inclusion on the Service the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or Ruskin.tv
removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on the Service irrevocable
and fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Ruskin.tv, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of the TAC, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Ruskin.tv may establish limits concerning
use of the Service, including without limitation the maximum number
of days that uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from the Service,
the maximum size of any email message that may be sent from the
Service and the maximum disk space that will be allotted on Ruskin.tv
servers on your behalf. You agree that Ruskin.tv has no responsibility
or liability for the deletion or failure to store Content maintained
or transmitted by the Service. You further acknowledge that Ruskin.tv
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Ruskin.tv reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. In the event that
the Service is discontinued permanently you agree that Ruskin.tv
shall only be liable to return to you the portion of any subscription
monies already paid by you and which relate to the period after
the date of permanent removal of the service. You agree that permanent
removal of the service occurs only after Ruskin.tv does state that
it has discontinued service permanently and does not intend to continue
service in the future. You agree that any service interuption of
less than four (4) weeks shall not be deemed to be permanent removal
of the service and none of the obligation due under permanent removal
of the service shall be deemed to be due.
13. TERMINATION
You agree that Ruskin.tv, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason.
Ruskin.tv may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice
subject at all time to Section 12. You agree that any termination
of your access to the Service under any provision of this TAC may
be effected without prior notice, and acknowledge and agree that
Ruskin.tv may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree
that Ruskin.tv shall not be liable to you or any third-party for
any termination of your access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Ruskin.tv has no
control over such sites and resources, you acknowledge and agree
that Ruskin.tv 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. You further acknowledge
and agree that Ruskin.tv shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be 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.
15. RUSKIN.TV's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized
by Ruskin.tv you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part.
Ruskin.tv grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by Ruskin.tv for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
RUSKIN.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RUSKIN.TV MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM RUSKIN.TV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TAC.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RUSKIN.TV SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF RUSKIN.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. Ruskin.tv shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable
for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via email to the email address you provided
during registration. The Service may also provide notices of changes
to the TAC or other matters by displaying notices or links to notices
to you generally on the Service.
22. GENERAL INFORMATION
The TAC constitute the entire agreement between you and Ruskin.tv
and govern your use of the Service, superceding any prior agreements
between you and Ruskin.tv.
The section titles in the TAC are for convenience only and have
no legal or contractual effect.
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