Terms & Conditions
RPI Publishing, Inc. Web Site Terms of Use
Last Revised August 26, 2011
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Ownership
Welcome to the Web site at www.rpipublishing.com ("Site") which is owned by RPI Publishing, Inc. ("RPI"). This Site and its contents, unless otherwise indicated, are the property of RPI and are protected, without limitation, by U.S. and foreign copyright and trademark laws. Your use of the Web site does not transfer to you any ownership or other rights in the Web site or their content. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web site, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web site.
By accessing or using this Site, you agree to the terms set forth in these Terms of Use which constitute an agreement between you and RPI. If you do not agree with the Terms of Use, you should leave the Site immediately. RPI reserves the right, at its sole discretion, to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications or updates. Each time you use the Web site, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns at Permissions
Access and Use of Materials
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you've obtained prior written consent from RPI or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site can be made by contacting RPI in writing at RPI Publishing, Inc., Internet Permissions Group, PO Box 66398, Scotts Valley, CA 95067 or via email at Permissions.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Disclaimer of Liabilities and Warranties
The Web site is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by RPI to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Web site; (b) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Web site.
Regardless of the nature of the claim or the reasons for the loss and damages, RPI will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web site by you or any other person.
You acknowledge that RPI is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means or by any person.
Acceptable Use Policy on Blogs, Chat Rooms & Postings
RPI provides you with an opportunity to express your personal opinions regarding various topics and post comments on content. RPI does not endorse and has no control over the content of messages that are submitted.
When using such features, you expressly agree that:
(1) you have the right to post all such information and materials,
(2) all opinions expressed are unbiased, based upon your own analysis, experiences, beliefs or research,
(3) you will not post any content that is unlawful, libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, threatening, hateful, obscene, scandalous, pornographic, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property rights of any other person. By submitting messages, you represent to RPI that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner.
(4) Any messages posted are not for the purpose of spamming.
(5) No postings will be made that contain virus or other harmful components.
(6) No postings will be used to solicit any unlawful activity and/or be used to make commercial solicitations.
You hereby grant us a perpetual license to use, redact, republish copy and distribute your postings, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment of compensation to you and without seeking any further approval from you. You agree to be solely liable for the content of all information posted by you.
RPI is not obliged to monitor, screen, police or edit the use of the Web site, including postings of materials to the Web site, although RPI reserves the right to do so in its discretion. RPI will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Web site, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Web site or their content by sending an e-mail to Permissions.
Linked Sites
HCI may include advertisements for, and links to, other Web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from RPI, and RPI has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. RPI does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against RPI arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
Online Purchases
RPI expressly disclaims all warranties, express or implied, of any kind with respect to products sold by RPI on the site, including but not limited to, merchantability and fitness for a particular purpose. You agree that RPI's sole and exclusive maximum liability arising from any product sold by RPI on the site shall be the price of the product ordered.
In no event shall RPI, its parent companies and affiliated entities or the directors, officers, employees or other representatives of each of them be liable for special, indirect, consequential, or punitive damages related to any product sold on or through this site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical or keying error, RPI shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. RPI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RPI will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify RPI's acceptance of your order, nor does it constitute confirmation of RPI's offer to sell. RPI reserves the right at any time after receipt of your order to accept or decline your order for any reason. RPI reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. RPI may require additional verifications or information before accepting any order. RPI may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Personal Information Privacy
You may access RPI without providing any personal information, but in order to place orders, and view customer information or take advantage of certain features, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such passwords. We may suspend or terminate your access at any time with or without notice.
Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.
Copyright Infringement Notification Process
We prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our DMCA Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Contact information for RPI Publishing, Inc's DMCA Copyright Agent for Notice of claims of copyright infringement on the Site is below:
PRI Publishing, Inc.
ATTN: Copyright Agent
PO Box 66398
Scotts Valley, CA 95067
We will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Governing Law
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from the Agreement and does not affect the validity and enforceability of any remaining provisions.
The laws of the State of California shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN SANTA CRUZ COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE AND YOU FURTHER IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY SUCH DISPUTE, ACTION OR PROCEEDING.
These Terms and Conditions are subject to change without notice.