EasyPay
Site Agreement
Last revision 1st May 2008
1. Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owner of the intellectual property, copyrights
and trademarks is Rock IT Ltd. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Subject to more specific terms on individual Rock IT Ltd web sites, you
may print and download portions of material from the different areas of
the Site provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Rock IT Ltd
a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Rock IT Ltd by all means and in any media now known or hereafter developed.
You also grant to Rock IT Ltd the right to use your name in connection with
the submitted materials and other information. You agree that you shall
have no recourse against Rock IT Ltd for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to Rock
IT Ltd.
If you believe that content appearing on the Site constitutes copyright
infringement of another party's rights, please contact us providing following
information:
1. an electronic or physical signature of the person authorised to act on
behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the Rock IT site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorised by the copyright owner, its agent, or the law;
6. 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 authorised
to act on the copyright owner's behalf.
2. Trademarks
Rock IT Ltd, its Web sites, seminars, conferences, events, trade
shows, publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or service marks of Rock IT Ltd,
including the "look" and "feel" of the Site, colour combinations, layout,
and all other graphical elements. Any use of Rock IT Ltd's trademarks is
strictly prohibited without the express permission from Rock IT Ltd. Other
product and company names mentioned in the Site may be the trademarks of
their respective owners.
3. Use Of The Site
You understand that, except for information, products or services clearly
identified as being supplied by Rock IT Ltd, Rock IT Ltd does not operate,
control or endorse any information, products or services on the Internet
in any way. In some sections of the site information, products or services
can be offered by third parties that are not affiliated with Rock IT Ltd.
You also understand that Rock IT Ltd cannot and does not guarantee or warrant
that files offered for download through the Site by third parties will be
free of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
1. Transmit any message, information, data, text, software or images, or
other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise
objectionable that may invade another's right of privacy or publicity;
2. Impersonate any person or entity, including but not limited to, an Rock
IT Ltd official, forum leader, guide or host or falsely state or otherwise
misrepresent your affiliation with a person or entity;
3. Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
4. Post or transmit any Material that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
6. Use the Site's communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting,
use of all caps, or flooding continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam," "chain letters," "pyramid schemes" or any other form
of solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
8. Violate any applicable local, state, national or international law;
9. Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
10. Delete or revise any Material posted by any other person or entity;
11. Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
12. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any Rock IT Ltd product or service
if you are not expressly authorised by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. ROCK IT LTD PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
ROCK IT LTD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. ROCK IT LTD HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL ROCK IT LTD BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ROCK IT
LTD OR ITS AUTHORISED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, ROCK IT LTD'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Equipment
You shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Site and
all charges related thereto.
6. Indemnification and Reservation Of Rights
You agree to indemnify, defend and hold harmless Rock IT Ltd, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Site from and against all losses, expenses, damages and
costs, including attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or your use and access
of the Site.
Rock IT Ltd reserves the right to release current or past member or Web
site user information if Rock IT Ltd believes that a member's account is
being used to commit unlawful acts, if the information is subpoenaed and/or
if Rock IT Ltd deems it necessary and/or appropriate.
7. Termination
Either party without notice may terminate this Agreement at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights)
and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions For International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. 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.
9. Dealing With Third Parties
Your participation, correspondence or business dealings with any third party
found on or through the Site, regarding the payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party.
You agree that Rock IT Ltd shall not be responsible or liable for any loss,
damage or other matters of any sort incurred as the result of any such dealings.
10. Links
The Site may provide, or third parties may provide, links to non-Rock IT
Ltd Internet World Wide Web sites or resources. Because Rock IT Ltd has
no control over such sites and resources, you acknowledge and agree that
Rock IT Ltd 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 Rock IT
Ltd 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.
11. Miscellaneous
This Agreement shall all be governed and construed in accordance with the
laws of the United Kingdom. You agree that any legal action or proceeding
between Rock IT Ltd and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a court
of competent jurisdiction in the United Kingdom.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Rock IT Ltd's failure to insist
upon or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. Rock IT Ltd may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of Rock IT Ltd. We wish to caution you that these statements
are only predictions and that the actual events or results may differ materially.