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Terms of Use
 


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

INTENDED AUDIENCE/USE:

Datatune provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by Datatune from time to time without notice to you. This Web site and other Datatune Web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of Datatune's customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. The Site is controlled and operated in whole or in part by Datatune from its offices within the United States. Datatune makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Datatune reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCEPTANCE OF TERMS:

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

RESTRICTIONS ON USE OF CONTENT:

Copyright 2004 Datatune Inc. All Rights Reserved.

THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW.
You acknowledge having been advised by Datatune that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to Datatune's Rights in individual elements of the Content, Datatune or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. If pursuant to an authorization from Datatune, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by Datatune. Neither title nor intellectual property rights are transferred to you, but remain with Datatune, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. Datatune does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Datatune's prior express written consent. As a condition of your use of the Sites, you agree not to use the Sites and the services provided through such Sites for any purpose that is unlawful or prohibited by the terms, conditions, and notices indicated herein. It is restricted and will be deemed as breach of these Terms of Use in the event that; i) You use the Sites in any manner that could disable, harm, or overburden any Datatune server, or the network(s) connected to any Datatune server, or interfere with any other party's use of any Sites; ii) You attempt to access any Sites, other accounts, computer systems or networks connected to any Datatune server or to any of the Sites, through hacking, password mining or any other means; iii) You obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.

TRADEMARKS AND SERVICE MARKS:

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, Datatune is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Datatune's or any third party's intellectual property rights. No Datatune trademark or service mark may be used as a hyperlink without Datatune's prior written permission.

SUBMISSION OF INFORMATION:

Although Datatune provides certain encryption in an effort to protect the electronic transmission of data, business information (by way of example, account information) or personally identifiable information (by way of example information to help us to verify your identity and authorization to access the Site), collectively "Business Related Information" that you submit to Datatune through the Site, Datatune does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

CONFIDENTIAL INFORMATION:

All information on this Site is Datatune Confidential Proprietary Information. By accepting the Terms of Use you agree not to disclose any Datatune Confidential Proprietary Information furnished to you, except to your employees, agents or consultants on a need-to-know basis. You shall take reasonable security precautions, at least as great as the precautions it takes to protect your own confidential information (but in any event, not less than reasonable care), to keep confidential Datatune Confidential Proprietary Information. You have executed or shall execute appropriate written agreements with your employees, agents and consultants sufficient to enable each of them to comply with the provisions of these Terms of Use. You agree that Confidential Information shall not be exported directly or indirectly to any restricted or prohibited country without the prior written consent of the Bureau of Export Control for the USA Department of Commerce. You agree that Datatune's Confidential Information is and shall at all times remain the property of Datatune. No license, implied or otherwise, nor grant under any of the disclosing party's intellectual property rights, is hereby given or intended, other than to use the information as provided herein. Upon Datatune's request, and regardless of whether or not Datatune previously granted you permission, you shall return or destroy all originals, copies, reproductions, and summaries of Datatune Confidential Proprietary Information or at Datatune's option certify destruction of the same. You shall notify Datatune immediately upon discovery of any unauthorized use or disclosure of Confidential Information, or any other breach of these Terms of Use by you or your company, and will cooperate with Datatune in every reasonable way to help Datatune regain possession of the Confidential Information to prevent its further unauthorized use. In order to enable you to use the Site and the services, Datatune may require you to open an account. The registration process should be done with complete and accurate information. Datatune may also provide or, request from you to choose, a password and a user name. The password and the account shall in all cases be kept confidential unless Datatune expressly permits disclosure in writing. The entire responsibility of (i) maintaining the confidentiality of the password and the account, and (ii) the activities occur under an account, belongs to the owner of such account. In this respect, please be informed that Datatune will not be liable for the loss arises out of third party use of the password or account. Please also note that you may be held liable for losses incurred by Datatune or another party due to third party use of the account or password.

PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:

If you choose to participate in a promotion or other Datatune-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Website Activity, and may result in additional legal actions being taken by Datatune.

LINKS TO THIRD PARTY WEB SITES:

This Site may provide links to other third-party World Wide Web sites or resources. Datatune makes no representations whatsoever about any other web site which you may access through this Site. Because Datatune has no control over such sites and resources, you acknowledge and agree that Datatune is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Datatune makes no representation or warranty as to any third party Content, products or services, and you agree that Datatune 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 third-party Content, products or services available on or through any such site or resource.

NOTICES:

Notices to you may be made via either email or regular mail. Datatune may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

DISCLAIMER OF WARRANTY:

Datatune DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Datatune DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Datatune SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. LIMITATION OF LIABILITY: Datatune WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF Datatune HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Datatune'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

REVISIONS:

Datatune may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Datatune shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Datatune may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

TERMINATION:

You agree that Datatune, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Datatune believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

GENERAL INFORMATION:

The Terms of Use constitute the entire agreement between you and Datatune and govern your use of the Site, superceding any prior agreements between you and Datatune relating to your use of this Site. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a Datatune-sponsored Program or service, or use or download software. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Datatune to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the State of Arkansas, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Arkansas, USA. 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 Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Datatune reserves every right, power and remedy provided by the Terms of Use, statute and applicable law and each and every right, power and remedy which may be exercised from time to time and as often and in such order which may be expedient to Datatune and the exercise or beginning of the exercise of any such right, power or remedy shall not be construed as a waiver of the right to exercise at the same time or thereafter any other right, power or remedy.