Terms and Conditions of Use
PLEASE READ CAREFULLY
RANCHWEB, A CALIFORNIA CORPORATION (“RANCHWEB“), OWNS AND OPERATES THIS WEBSITE (THE “SITE”). THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE SITE. WE MAY CHANGE THE TERMS AND CONDITIONS FROM TIME TO TIME, AT ANY TIME WITHOUT NOTICE TO YOU, BY POSTING SUCH CHANGES ON THE SITE. BY ACCESSING THIS SITE YOU REPRESENT THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Questions regarding these Terms and Conditions should be directed to RANCHWEB by sending an email to firstname.lastname@example.org.
The content on the Site is the proprietary information of RANCHWEB. The Site and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial or competitive purpose not expressly permitted by RANCHWEB. It is RANCHWEB’s policy to terminate the use rights of anyone who violates these important prohibitions.
All content on the Site, such as text, graphics, logos, button icons, images and audio clips, the software used at the Site and the presentation and compilation of information at the Site are protected by U.S. and international copyright and trademark laws and treaties. As between you and RANCHWEB, RANCHWEB owns, solely and exclusively, all rights, title, and interest in and to the Site, all content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data, and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis, rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on the Site.
You may access and view the content on the Site on your computer or other internet compatible device and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials, are only for your personal, non-commercial use.
Except as expressly provided in these Terms and Conditions, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble, or commercially exploit such content without RANCHWEB’s written consent or the applicable rights holder’s consent. All trademarks, services marks and trade names appearing at the Site are property of their respective owners, and may not be used by you. If you make use of the Site or its content, code, data, or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
which is incorporated herein by reference.
Prohibited User Conduct
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from RANCHWEB or otherwise through the Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site.
You will not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding”” servers with requests; (iv) use the Site or the Site’s services or features in violation of RANCHWEB’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site
. By submitting or sending Materials to us, you: (i) represent and warrant that the Materials are original to you, that no other party has any rights to such Material, and that any “moral rights” in Materials have been waived; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sublicensable
right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivate
works from, distribute, perform, and display such material (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Material that you provide to us, and we may delete or destroy any such Material at any time.
Right to Monitor and Editorial Control
RANCHWEB reserves the right, but does not have an obligation, to monitor or review all materials posted to the Site or through the Site’s services or features by users. RANCHWEB is not responsible for any such materials posted by users. However, RANCHWEB reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in RANCHWEB’s sole discretion are objectionable or in violation of this Terms and Conditions, RANCHWEB’s policies, or applicable law.
Third Party Web Sites
You may be able to link from the Site to third party websites and third party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Any reliance on the contents of a third party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
We respect intellectual property rights of others and require that people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to RANCHWEB’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyright work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Although RANCHWEB makes reasonable efforts to ensure that all material on the Site is correct, accuracy cannot be guaranteed and RANCHWEB makes no representations as to the accuracy or completeness of the information contained on the Site, results obtained from the use of the Site or interruptions in the availability of the Site. Errors and omissions, whether typographical, clerical or otherwise, may sometimes occur on the Site. RANCHWEB strongly recommends that you call ahead to verify the information presented on RANCHWEBbefore making final plans or reservations.
Limitation of Liability
IRRESPECTIVE OF WHETHER RANCHWEB HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, RANCHWEBDISCLAIMS ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR BECAUSE OF INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THE SITE, OR IN ANY WEBSITE LINKED TO OR FROM THE SITE. RANCHWEB FURTHER DISCLAIMS ANY LIABILITY ARISING FROM ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY ARISING FROM USE OF THE SITE OR FROM YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
You agree to indemnify, defend and hold harmless RANCHWEB and its parents, subsidiaries, affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys’ fees and other legal costs, made by any third party due to or arising out of your breach of these Terms and Conditions, your violation of any law or the rights of a third party, or any other wrongful conduct or misconduct hereunder. You will cooperate fully in any defense of such claim. RANCHWEB reserves the right to control the defense of any such claim.
RANCHWEB reserves the right to terminate these Terms and Conditions at any time for any reason whatsoever and to revoke your access to the Site and the content without prior notice to you.
RANCHWEB controls and operates the Site from its offices in the United States of America. RANCHWEB does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any claim arising out of these Terms and Conditions will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California. Either party may seek equitable relief from any court of competent jurisdiction. This provision will survive the termination of these Terms and Conditions. These Terms and Conditions will be governed by and in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. These Terms and Conditions constitute the entire agreement between you and RANCHWEB and supercede all proposals and other communications made between the parties, whether written or oral.