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Last Updated: February 29, 2008
United Business Media LLC (formerly CMP MEDIA LLC) , and its divisions
TechWeb, Everything Channel, TechInsights and Think Services,
(collectively, "we" or "UBM LLC ") provide our
Internet sites and the content, products and services offered on or
through those sites (collectively, the "Services"), to you
subject to the following Terms of Service ("TOS"). Your use
of the Services in whole or in part constitutes your binding
acceptance of these TOS. If you do not agree to these TOS, you should
not use the Services. Some Services may be subject to additional
posted rules, policies and terms. When you use those Services, you and
UBM LLC shall be subject to those additional conditions, which are
incorporated by reference into these TOS (and, consequently, form part
of your agreement with us). Other Services may be governed by
different usage terms (for example, different usage terms apply to
users of our Gamasutra Internet site). In the event of an
inconsistency between these TOS and any additional posted conditions
or separate usage terms, the provisions of the additional conditions
and/or separate usage terms shall control. Because we may modify all
or any part of these TOS from time to time without notice to you, you
should check back often so you are aware of your current rights and
responsibilities. Your continued use of a given Service after changes
to the TOS have been published on that Service constitutes your
binding acceptance of the updated TOS. If at any time the TOS are no
longer acceptable to you, you should immediately cease all use of the
Services.
The Services include a combination of content that we create and that
other third party content suppliers create. In addition, some Services
provide you and other users with an opportunity to submit, post,
display, transmit and/or exchange information, ideas, opinions,
photographs, images, video, creative works or other information,
messages, transmissions or material to us or others on or through that
Service (collectively, the "Postings"). We adhere to high
journalistic standards, and use every reasonable effort to provide
informative and relevant content as part of the Services. However, in
using the Services, you may be exposed to content that you find
offensive, indecent, objectionable or that is inaccurate and you bear
all risks associated with using that content. You understand that the
Services are provided by UBM LLC "AS IS", as further
described in Section 15 of these TOS, and that UBM LLC does not
guarantee the accuracy, integrity or quality of any content available
on or through the Services. In this regard, you acknowledge that you
may not rely on any of this content, whether created by or submitted
to UBM LLC, including, but not limited to, product reviews, white
papers, product descriptions, stock quotes, or Postings on any
bulletin board, chat, news group, community, forum or other feedback
section of the Services (collectively, the "Forums"). You
understand that from time to time, you may communicate with, receive
communications from, or otherwise participate in or use the services
or obtain goods and services of or from, third parties (e.g.,
advertisers) as a result of your use of the Services. All such
communication, interaction and participation is strictly and solely
between you and such third party and UBM LLC shall not be responsible
or liable to you in any way in connection with these activities or
transactions (including, but not limited to, any representations,
warranties, covenants, contracts or other terms or conditions that may
exist between you and the third party, or any goods or services you
may purchase or obtain from any third party). In particular, the
appearance or availability of links to third party sites on or through
the Services does not constitute an endorsement by UBM LLC with
respect to the content, advertising, products, or other materials
available on or from such sites. You further understand and agree that
the Services may include certain communications from UBM LLC (such as
administrative messages and certain newsletters), and that these
communications are considered part of the Service and you may not be
able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Services shall be
subject to the TOS. Finally, you are responsible for obtaining access
to the Services and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Services.
Your use of the Services is subject to all applicable
local, state, national and international laws and regulations, and you
agree not to violate such laws and regulations. In addition, you agree
that:
- you will not interfere with another member's use and enjoyment
of the Services; you will not interfere with or disrupt the
security measures of the Services; you will not interfere with or
disrupt networks connected to the Services, and will comply with
all regulations, policies and procedures of such networks; and
- you will comply with United States law regarding the transmission
of technical data exported from the United States.
- You further agree that you will not use the Services to:
- send or result in the transmission of junk e-mail, chain letters,
duplicative or unsolicited messages, or so-called
"spamming"; harm minors in any way; promote or generate
revenue for any business or commercial purposes, whether or not for
a charge or through linking with any other web services or pages,
unless authorized by UBM LLC; impersonate any person or entity;
intentionally or unintentionally violate any applicable local,
state, national or international law; "stalk" or
otherwise harass another; or
- collect or store personal data about other users.
Although we reserve the right to edit Postings prior to their
inclusion on the Services, as a general matter UBM LLC does not screen
or monitor such content. Therefore, you understand that you are solely
responsible for all Postings and other materials, whether publicly
posted or privately transmitted, that are uploaded, posted, emailed,
transmitted or otherwise made available from your email address on our
through the Services. You further agree that your Postings will not
violate these TOS. Specifically, you represent and warrant that your
Postings will not contain any material that:
- is false, inaccurate, or misleading; infringes any third
party's copyright, patent, trademark, trade secret or other
proprietary rights, or rights of publicity or privacy; violates a
nondisclosure agreement, or violates any law or regulation
(including, without limitation, those governing export control,
unfair competition, or false advertising); is defamatory,
constitutes trade libel or product disparagement, or is unlawfully
threatening or harassing; is obscene or contains child pornography;
or
- contains viruses, Trojan horses, time bombs, worms, cancelbots,
easter eggs or other computer programming routines that may damage
or interfere with the operation of any system, or unlawfully
intercept any data or personal information.
You also agree that you will not:
- reproduce, distribute, republish or retransmit material posted by
any other Services users without the permission of that user and
UBM LLC; take any action that imposes an unreasonable or
disproportionately large load on our infrastructure; or
- interfere or attempt to interfere with the proper working of the
Services, any activities conducted on or through the Services, or
any networks through which you access the Services.
You further represent and warrant that:
- your Postings will be original and/or you will obtain all
third-party permission necessary for the use of the Postings as set
forth below; you are the sole and exclusive owner of all rights
herein conveyed to UBM LLC and its affiliates; and
- you have the full and restricted power to convey such rights to UBM
LLC and its affiliates free and clear of the claims of any other
person or entity.
In sum, Postings do not reflect the views of UBM LLC and UBM LLC does
not verify, endorse, of vouch for any such content. We do, however,
enforce these TOS, and if we determine in our sole discretion that any
Posting is inaccurate, was posted without authorization, or otherwise
does or may violate these TOS, we reserve the right, at any time,
without prior notice and without limiting any and all other rights we
may have, at law or in equity, to (a) modify, refuse or remove the
Posting; (b) revoke the applicable user's right to use the
Services; and/or (d) use any technological, legal, operational or
other means available to UBM LLC to enforce the provisions of these
TOS, including, without limitation, blocking specific IP addresses or
deactivating the applicable user's registration.
Finally, you specifically grant to UBM LLC and its affiliates and
service providers (or warrant that the owner of such content grants to
UBM LLC and its affiliates and service providers) a perpetual,
worldwide, royalty-free, irrevocable, nonexclusive right and license,
sublicensable through multiple tiers, to:
- use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display all Postings
submitted by you or through your account, in whole or in part; use,
in whole or in part, your name, likeness, photograph, voice,
company name, screen name, e-mail address and/or other identifying
information submitted by you as part of or in connection with such
Postings ("Image"), and reproduce, publish, create
derivative works from, distribute, perform and display materials
containing the same; and
- incorporate the Postings and the Image in other works in any form,
media or technology now known or later developed throughout the
universe, and reproduce, publish, display and otherwise distribute
the same.
For sake of clarity, by virtue of the above grant, you also give UBM
LLC and its affiliates permission to copy your Postings and the Image
as part of the normal backup process and/or to archive discussions
containing your Postings and/or the Image.
All Services software, design, text, images, photographs,
illustrations, audio and video material, artwork, graphic material,
database, proprietary information and all copyrightable or otherwise
legally protectible elements of the Services, including, but not
limited to, the selection, sequence and 'look and feel' and
arrangement of items, and all trademarks, service marks and trade
names, excluding any of your Postings (individually and/or
collectively, "Material"), are the property of UBM LLC, its
subsidiaries, affiliates, licensors or suppliers and are legally
protected, without limitation, under U.S. Federal and State, as well
as applicable foreign, laws, regulations and treaties. The compilation
of all content on each site is the exclusive property of UBM LLC. You
may not reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate to
any third party (including, without limitation, on or via a third
party web site), or otherwise use, any materials contained on the
Services (except for your Postings) without the express prior written
consent of UBM LLC or its owner if UBM LLC is not the owner. In
particular, you may not frame any Material without the express prior
written consent of UBM LLC or the Material owner. You must not alter,
delete or conceal any copyright or other notices contained on the
Services, including notices on any Material you download, transmit,
print or reproduce from the Services. Any unauthorized or prohibited
use of any Material, may subject you to civil liability or criminal
prosecution, or both, under applicable federal and state laws. You
further agree not to access the Service by any means other than
through the interface that is provided by UBM LLC for use in accessing
the Service.
Some of our Services give users the opportunity to participate in
Forums operated by UBM LLC or by a third party. We ask that our users
exercise appropriate caution when participating in any type of Forum.
In particular, please remember that if you publicly disclose personal
identifying information, such as your name or email address, in
connection with a Forum, the information may be collected and used by
others. You should also take reasonable precautions with regard to any
material you download from or through Forums (for example, scanning
for viruses or other damaging computer programming routines). Finally,
you agree to use the Forums only to send and receive messages and
material that are proper and related to that particular Forum.
Some of our Services allow users to make some of their personal
information (including, but not limited to, name, company affiliation
and job title) available to other visitors as part of a membership
directory or other listing for that Service. Please remember: If you
do not want certain information to be available to other Service
users, you should not include it in any membership directory listing.
As with all other content on the Services, we reserve the right to
refuse (or remove) listings in our sole discretion, and without prior
notice, if we determine that they are inaccurate, were posted without
authorization, or otherwise violate these TOS.
Some of our Services may from time to time conduct promotions,
including, but not limited to, auctions, contests and sweepstakes
("Promotions"). Each Promotion will have additional terms,
conditions and rules which will be posted or otherwise made available
to you and, for purposes of each Promotion in which you participate,
will be deemed incorporated by reference into these TOS (and therefore
a part of your agreement with UBM LLC).
Some of our Services require that you to pay a fee to access or use
such Service, as described in the specific conditions included where
those Services are offered. You agree to pay all fees and charges that
you incur. Unless otherwise noted, all currency references are in U.S.
dollars. We may, upon notice if required by applicable laws, at any
time change the amount of, or basis for determining, any fee or
charge, or institute new fees or charges. All fees and charges are
payable in accordance with payment terms in effect at the time the fee
or charge becomes payable.
Some of our Services require that you register with that Service in
order to access or use it. If such registration is required, you agree
that you will provide accurate information (such as your real name and
a valid e-mail address) and will update your relevant information if
it becomes outdated. If you provide any information that is, or that
UBM LLC in its reasonable discretion determines may be, untrue,
inaccurate, not current or incomplete, UBM LLC has the right, without
prior notice, to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion thereof).
For more detailed information about how we treat the registration
information you provide to us, please see our Privacy Notice, which is
incorporated by reference into these TOS (and therefore a part of your
agreement with us).
If we issue you a password, you agree to help protect your information
by guarding that password, and by changing it as soon as possible if
you believe its security has been compromised. If UBM LLC allows you
to choose a username and you select, in UBM LLC's sole discretion,
one that is obscene, indecent, abusive or which is otherwise
objectionable, UBM LLC has the right, without prior notice to you, to
automatically change your username, delete your Postings under it,
deny you access to the Services, or any combination of these options.
You may not transfer your registration, password or user name to
another person or share it with anyone. We will not be responsible for
any loss or damage that may result if you fail to comply with these
requirements. If you believe your information has been used without
your authorization, you agree to notify UBM LLC immediately.
UBM LLC respects your privacy. Please see our Privacy Notice for
important information and disclosures relating to the collection and
use of your personally identifiable information in connection with
your use of the Services.
We have the right, but not the obligation, to take any of the
following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of
our Services;
- Refuse, move or remove for any reason any material that you submit
on or through the Services;
- Refuse, move, or remove any content that is available on or through
the Services;
- Deactivate or delete your accounts and all related information and
files in your account;
- Establish general practices and limits concerning use of the
Services
We may take any of the above actions for any legitimate business
reason, as determined by UBM LLC in its sole discretion, including,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you, (d) discontinuance
or material modification to the Services (or any part thereof), and
(e) unexpected technical or security issues or problems. You agree
that we will not be liable to you or any third party for taking any of
these actions.
You hereby agree to indemnify, defend and hold UBM LLC, its
subsidiaries, parent corporation and affiliates, and all of their
respective officers, directors, owners, employees, agents, licensors,
representatives, licensors and suppliers (collectively, the "UBM
LLC Parties"), harmless from and against any and all liability,
losses, expenses, damages and costs (including attorneys' fees),
incurred by any UBM LLC Party in connection with any claim arising out
of your use of the Services, any use or alleged use of your accounts
or your passwords by any person, whether or not authorized by you, the
content you submit, post, transmit or make available through the
Services, your violation of these TOS, your connection to the
Services, or your violation of the rights of any other person or
entity.
UBM LLC reserves the right to assume, at its sole expense, the
exclusive defense and control of any claim, action or other matter for
which you are required to indemnify us, and all negotiations for
settlement or compromise thereof, and you agree to fully cooperate
with UBM LLC in the defense of any such claim, action, settlement or
compromise negotiations, as requested by UBM LLC.
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE
FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS,
FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS
DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without
limiting the foregoing, UBM LLC is not responsible or liable for any
malicious code, delays, inaccuracies, errors, or omissions arising out
of your use of the Services. As between you and UBM LLC, you are
assuming the entire risk as to the quality, accuracy, performance,
timeliness, adequacy, completeness, correctness, authenticity,
security and validity of any and all features and functions of the
Services, including, without limitation, postings and materials
associated with your use of the Services. Under no circumstances shall
any UBM LLC Party be liable for any loss or damage caused by your
reliance on information obtained through the Services. It is your
responsibility to evaluate the information, opinion, advice, or other
content available through the Services.
IN NO EVENT SHALL ANY UBM LLC PARTY BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES
OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR
DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM
YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH UBM LLC
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS
LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT
MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE
LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY
UBM LLC PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF
ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). Notwithstanding any
claim that a sole or exclusive remedy which is provided in this
agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss
or damage shall be to have UBM LLC, upon written notice from you to
us, attempt to repair, correct or replace any deficient Service and,
if repair, correction or replacement is not reasonably commercially
practicable for UBM LLC, in its sole discretion, to refund any monies
actually paid by you for the Service involved and to terminate and
discontinue your use of the Services.
General. This site is created, controlled and operated by UBM
LLC in the USA, and is intended solely and exclusively for residents
of the United States, its territories and possessions who are at least
13 years of age or older. If you choose to access this site from
another location, you are responsible for complying with local laws,
if and to the extent that local laws apply.
Entire Agreement. These TOS, including the policies referred
to in these TOS, constitute the entire agreement between you and UBM
LLC and govern your use of the Services, superceding any prior
agreements between you and UBM LLC. As noted above, you also may be
subject to additional terms and conditions that may apply when you use
or purchase certain other UBM LLC services, affiliate services,
third-party content or third-party software. These TOS cannot be
changed or terminated orally. Notice. We may be required by state or
federal law to notify you of certain events. You hereby acknowledge
and consent that such notices will be effective upon our posting them
on or through the Services or delivering them to you through email.
You may update your email address by visiting the Services where you
have provided contact information. If you do not provide us with
accurate information, we cannot be held liable if we fail to notify
you. You have the right to request that we provide such notices to you
in paper format, and may do so by contacting the General Counsel, UBM
LLC , 600 Community Drive, Manhasset, New York 11030. If you are a
California resident, you may have this same information emailed to you
by sending a letter to the foregoing address with your email address
and a request for this information.
Assignment. You agree that the TOS may be automatically
assigned, in whole or in part, by UBM LLC or its affiliate to a third
party, in our sole discretion, in connection with a merger,
acquisition, reorganization or sale of substantially all of our
assets, in whole or in part.
Choice of Law and Forum. The formation, construction and
interpretation of this agreement shall be controlled by the laws of
the State of New York, giving no effect to choice of law provisions.
The U.N. Convention of Contracts for the International Sale of Goods
is expressly excluded from any interpretation of this Agreement. Any
dispute relating to this agreement shall be subject to the exclusive
jurisdiction of the state and federal courts in New York, New York,
U.S.A., and the parties agree to submit to the personal and exclusive
jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as
otherwise expressly provided in this TOS, there shall be no third
party beneficiaries to this Agreement. Waiver and Severability of
Terms. The failure of UBM LLC to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
UBM LLC respects the intellectual property of others, and we ask our
users to do the same. If you believe that content you own has been
copied and made accessible in a manner that violates your intellectual
property rights, please review our Copyright
Notice.
We also ask that you bring Service problems to our attention, but
California residents may also choose to contact the Complaint
Assistance Unit of the Division of Consumer Services of the Department
of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or
(800) 952-5210.
For questions about terms of service, the practices of this site or
any dealings with UBM LLC, contact us at [email protected].