RIM Subscriber Agreement

August 25, 2006 12:00 am

Renderosity Interactive Magazine Subscriber Agreement Renderosity Interactive Magazine is an online subscription product. A Subscription to Renderosity Interactive Magazine is subject to a Subscriber agreement to all of the Terms and Conditions of the Subscription detailed herein. By activating a Subscription to Renderosity Interactive Magazine, Subscriber agrees that Subscriber has read, understands and is bound by these Terms and Conditions of the Subscription. The Terms and Conditions of this Subscription to Renderosity Interactive Magazine are as follows: 1. Terms and Fees A new subscription will become effective within 7 days following receipt of the order form and the subscription payment, and will be in effect for twelve months as of that date. Subscription renewals must be paid on or before the renewal date or the subscription will be canceled. Fees may be raised or lowered by written notice to the subscriber, at any time, upon reasonable notice posted in advance on this Site. 2. Copyright The materials contained on this Site, including but not limited to graphics, text, software, video, music, sound, names, logos, trademarks and service marks, its affiliates, parent company, and artists are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. Renderosity members remain the original copyright holder of contributed materials (software and content) provided on the Renderosity Interactive Magazine Site. Use of the material inconsistent with the terms and conditions set forth is prohibited and considered an infringement of the copyrights of the respective holders unless specifically stated otherwise. The subscriber is allowed the "fair use" of all information, unless specifically stated otherwise, for non-commercial, educational, instructional, and scientific purposes by authorized users. The subscriber acknowledges that it has no claim to ownership by reason of its use of or access to the Renderosity Interactive Magazine. Recompiling, copying, publication or republication of data beyond "fair use," in any form or medium whatsoever, may be done only with specific written permission from Renderosity Interactive Magazine. US Copyright Law including "Fair Use". 3. Restrictions on Use The contents of Renderosity Interactive Magazine may be accessed, viewed, or otherwise used only by an individual Subscriber. Subscribers are only permitted to view and/or browse the contents of Renderosity Interactive Magazine, and/or make limited copies of portions of it as fall within the "fair use" provisions of the Copyright Act, provided all such uses are for noncommercial personal purposes. Subscribers are not, however, permitted to store in electronic or any other form any significant portion of Renderosity Interactive Magazine or this Site. The contents of Renderosity Interactive Magazine or this Site may not be further reproduced, distributed, transmitted, modified, adapted, performed, displayed, published, or sold in whole or in part whatsoever, unless specifically stated otherwise. Any use that is commercial and/or non-personal is strictly prohibited, and may subject the Subscriber making such uses to immediate revocation of access to Renderosity Interactive Magazine, as well as any other applicable civil or criminal penalties. Similarly, sharing a Subscriber Password and Username with a non-Subscriber or otherwise making this Subscription available to third parties is strictly prohibited, and may subject the Subscriber participating in such activities to immediate revocation of access to Renderosity Interactive Magazine, and subject the offending Subscriber and/or any third party to any other applicable civil or criminal penalties under copyright or other laws. 4. Site Terms and Conditions (a) This site may include forums, chat rooms, instant messaging, and other author created pages that allow the Subscriber and other Subscribers to post information, content, provide feedback, and interact in real time. Subscriber agrees not to submit, post or otherwise transmit, and Renderosity Interactive Magazine may remove, any material that Renderosity Interactive Magazine, in its sole discretion, considers unlawful, harmful, threatening, vulgar, profane, abusive, harassing, obscene, pornographic, defamatory, tortuous, a personal attack, or objectionable material of any kind. (b) Subscriber agrees to use the Site in a noncommercial manner. Additionally, Subscriber specifically agrees not to post, transmit or otherwise distribute to the Site any material containing any solicitation of funds, advertising or solicitation for goods or services except those explicitly permitted by Renderosity Interactive Magazine. (c) Subscriber acknowledges and agrees that any public communications made to or by means of any portion of the Site are public. Subscriber acknowledges that Subscribers have no expectation of privacy in any public communication and that no confidential, fiduciary, contractually implied or other relationship is created between Subscriber and Renderosity Interactive Magazine by reason of Subscriber transmitting a public communication to any area of the Site. (d) Renderosity Interactive Magazine will not divulge Subscriber details to a third party for commercial advertising reasons. 5. Modifications (a) To the Agreement. Renderosity Interactive Magazine has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site. Subscribers continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). (b) To the Site. Renderosity Interactive Magazine has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. Renderosity Interactive Magazine may also impose limits on certain features and services or restrict Subscribers access to parts or all of the Renderosity Interactive Magazine Site without notice or liability. 6. Limitation of Liabilities The subscriber will be permitted to access the Renderosity Interactive Magazine at any time. Renderosity Interactive Magazine, Bondware, Inc., employees, affiliates, or other third parties related to this site will not be liable for any damages whatsoever, this includes but is not limited to direct, indirect, incidental, punitive or consequential damages, delays, down time, downloads, or other failure of performances arising out of the use of this site, but will use reasonable efforts to correct any performance problem brought to its attention. 7. Disclaimer of Warranties (a) Subscribers use of this Site is at the Subscribers own risk. It comes "As Is" and "As Available". (b) Renderosity Interactive Magazine makes no warranties of any kind, either expressed or implied, including but not limited to direct, indirect, incidental, punitive or consequential damages, delays, down time, downloads, other failure of performances, or any harm that may be caused by the transmission of computer viruses or other harmful components. 8. Termination. In addition to any other rights of the parties set forth herein, either Subscriber or Renderosity Interactive Magazine may cancel or terminate this Agreement at any time. Renderosity Interactive Magazine, Bondware, Inc. will refund the remainder of your subscription on a pro-rata basis that will cover the unused months of your subscription (partial months will not be refunded), minus a $6 processing fee. Renderosity Interactive Magazine reserves the right to restrict, suspend or terminate Subscriber in whole or in part, without notice and nonrefundable, with respect to any breach or threatened breach by Subscriber of any portion of this Agreement and reserves the right to refuse to provide a subscription to the Subscriber in the future. 9. Miscellaneous (a) This agreement constitutes the entire agreement of the parties and supersedes any prior communication between the parties with respect to the subject matter hereof. (b) The subscriber may not assign or transfer rights under this agreement. (c) This subscriber agreement and any disputes arising from it or the services of Renderosity Interactive Magazine will be governed by and construed in accordance with the laws of Davidson Co., Tennessee. (d) By using the Site and its services, Subscriber agrees to indemnify and hold harmless Renderosity Interactive Magazine and it affiliates, parent corporation, employees, and agents from any claim or demand made by any third party due to or arising out of anything Subscribers submit, post, transmit, upload or publish on Renderosity Interactive Magazine. (e) Technical assistance and customer support can be obtained Monday through Friday, excluding holidays, from 9:00 a.m. To 4:00 p.m. CST by calling (615) 333.7775, sending email to mag@renderosity.com, or posting in the Site forum.