TechAha Network · Terms and Conditions
You agree that by joining PC Media, Inc.'s TechAha network, you adhere to the Terms of Service agreement below.
Policies
1. TECHAHA TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Participation and Conduct
During the term of this Agreement, PC Media, Inc. grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
As the administrator of your blog, you are agreeing to PC Media, Inc. policies, giving TechAha the authorization to advertise on your site, link to your site and monitor content on your site. You may participate in any blog comment or messaging threads offered through the TechAha network, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify PC Media, Inc. and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Blog comments and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity. PC Media, Inc. reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. PC Media, Inc. also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, PC Media, Inc. is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any blog, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of PC Media, Inc.. PC Media, Inc. retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles and posts, graphical images, interactive applications, comments, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by PC Media, Inc. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
TechAha and their respective logos are trademarks of PC Media, Inc. All other trademarks on the Service are the property of their respective holders.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.PC MEDIA DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. PC MEDIA IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND PC MEDIA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. PC MEDIA DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
PC MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF PC MEDIA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL PC MEDIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices
PC Media, Inc. may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to PC Media, Inc. via e-mail at drisley@pcmech.com, by postal mail to P.O. Box 1417, Riverview, FL 33568 U.S.A., or via facsimile to (815) 572-8953. PC Media, Inc. reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
General
Any failure by PC Media, Inc. to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Indemnity
In the event you breach the terms of this license, or if, any claims are made against PC Media, Inc. (its employees, officers or directors resulting from your actions) you shall be liable to PC Media, Inc. for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, as applied to contracts entered into and performed within Florida. You agree to grant jurisdiction over yourself to the courts of Florida and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
2. COPYRIGHT INFORMATION
Copyright and Trademarks
The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by PC Media, Inc. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.
3. PC Media, Inc. ONLINE PRIVACY POLICY
TechAha is maintained by PC Media, Inc. at:
PC Media, Inc.
PO Box 1417, Riverview, FL 33568.
PC Media, Inc. collects personally identifying information and data about individuals, their company, and the companies demographics ("personally identifying information and data") including (i) when you provide information to PC Media, Inc., such as when you register or sign up for any of our products such as publications, subscriptions, e-mails, contests, newsletters, memberships, RSS Feeds, webcasts, White Papers, online seminars, conferences and other communications with PC Media, Inc., (ii) when you register or sign up on the PC Media, Inc. site or when you register for any other PC Media, Inc. Network products individually or through "auto register", your information will be known to PC Media, Inc. and (iii) from time to time we may add other information that we collect from third party sources to enhance the information that you provided to PC Media, Inc.
Below is the current policy regarding the usage of personally identifying information and data collected by PC Media, Inc.. We reevaluate this policy on an ongoing basis based on feedback from readers. PC Media, Inc. reserves the right to change its privacy policy. However, if there are any changes to the use of personally identifiying information and data that is different from that stated at the time of collection, we will notify you by posting a notice on our website.
PC Media, Inc. or one of our affiliated companies, or third party partners may place a "cookie" in the browser files of a user's computer. The cookie itself does not contain any personally identifying information, except when such information has been supplied by a subscriber or registered user.
Account Termination
Members may terminate their accounts at anytime by contacting drisley@pcmech.com. PC Media, Inc. has the right to terminate a membership at anytime for any reason. In this case, members should remove all any PC Media, Inc. or TechAha related logos, attributions or related PC Media, Inc. branded materials. It is up to PC Media, Inc. discretion to determine whether or not a terminated member will be allowed back into the network.
Personal Information
PC Media, Inc. may create and use aggregate customer data to understand more about the interests of our customers and may use the data to offer goods and services we believe may be of interest to our customers, on behalf of PC Media, Inc..
E-mail addresses, telephone numbers, fax numbers, postal addresses and other personally identifying information and data of Computerworld subscribers are used by PC Media, Inc. to collect re-qualification data and may be used by PC Media, Inc., affiliates and it's advertisers for promotional purposes. PC Media, Inc. may rent and/or license for use phone numbers to selected outside firms for promotional purposes. Offers for which the numbers are rented and/or licensed for use are required to target their offers carefully.
We allow users to "opt-out" of receiving e-mail from outside firms, however, when e-mail information is collected and with each e-mail use of the user's address you can individually "opt-out" of receiving further e-mail from outside firms or PC Media, Inc. If a user does not choose to "opt-out" at the time the e-mail address is collected, or does not respond to the questions concerning how we may use their email address, the address may be rented and/or licensed for use to outside firms. Offers for which the e-mail address is rented and/or licensed for use require the users to target their offers carefully.
Personal identifying information submitted on portions of our site developed with outside third parties may be shared with those third parties, and the information will be governed by those parties' privacy policies as well as PC Media, Inc.'s. PC Media, Inc., nor any of its subsidiaries or affiliates do not bear any responsibility for any actions or policies of such third parties.
PC Media, Inc. users should be aware that when they disclose personal identifying information (e.g., user name, address, company name, telephone number, demographic information, buying information, other data and E-mail address) in discussion forums, chat rooms or other areas that are publicly accessible by others, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. PC Media, Inc. nor its subsidiaries or affiliates are not responsible for any information that you provide in the above areas.
In the event that the ownership of PC Media, Inc. or any of its products are sold or transferred, all lists and data which contains personally identifying information and data including for example user name, address, company name, telephone number, demographic information, buying information, other data and e-mail address, will be transferred to the new owner.