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Last updated: 10.01.2006
ACCEPTANCE OF TERMS.
The services that theopenworld.com provides to you are
subject to the following Terms of Use ("TOU"). Theopenworld.com
reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the
bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Theopenworld.com
provides you with access to a variety of resources, including
download areas, communication forums and product information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your
personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the
Services.
PRIVACY AND PROTECTION OF PERSONAL
INFORMATION.
See the
Privacy Policy relating to the collection and use of your
information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON
THIS WEB SITE.
Any software that is made available to download from the
Services ("Software") is the copyrighted work of
theopenworld.com and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software
that is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by
end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, THEOPENWORLD.COM HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, THEOPENWORLD.COM MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. THEOPENWORLD.COM DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS
OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN THEOPENWORLD.COM SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON
THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of
the Theopenworld.com Web site or any other Theopenworld.com
owned, operated, licensed or controlled site. Elements of
Theopenworld.com Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo, graphic, sound
or image from any Theopenworld.com Web site may be copied or
retransmitted unless expressly permitted by Theopenworld.com.
THEOPENWORLD.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. THEOPENWORLD.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL THEOPENWORLD.COM AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THEOPENWORLD.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS WEB SITE.
IN NO EVENT SHALL THEOPENWORLD.COM AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE
SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify Theopenworld.com
immediately of any unauthorized use of your account or any other
breach of security. Theopenworld.com will not be liable for any
loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by
Theopenworld.com or another party due to someone else using your
account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you
will not use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not
use the Services in any manner that could damage, disable,
overburden, or impair any Theopenworld.com server, or the
network(s) connected to any Theopenworld.com server, or
interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected
to any Theopenworld.com server or to any of the Services,
through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or other
message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not
as a limitation, you agree that when using the Communication
Services, you will not:
- Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by
intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent to
do the same.
- Use any material or information, including images or
photographs, which are made available through the Services
in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any
party.
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a
Communication Service that you know, or reasonably should
know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or
source of software or other material contained in a file
that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any
portion thereof.
Theopenworld.com has no obligation to monitor the
Communication Services. However, Theopenworld.com reserves the
right to review materials posted to the Communication Services
and to remove any materials in its sole discretion.
Theopenworld.com reserves the right to terminate your access to
any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
Theopenworld.com reserves the right at all times to disclose any
information as Theopenworld.com deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Theopenworld.com's sole
discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Theopenworld.com does not control or endorse the
content, messages or information found in any Communication
Services and, therefore, Theopenworld.com specifically disclaims
any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized Theopenworld.com
spokespersons, and their views do not necessarily reflect those
of Theopenworld.com.
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO THEOPENWORLD.COM OR
POSTED AT ANY THEOPENWORLD.COM WEB SITE.
Theopenworld.com does not claim ownership of the materials
you provide to Theopenworld.com (including feedback and
suggestions) or post, upload, input or submit to any Services or
its associated services for review by the general public, or by
the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Theopenworld.com,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all
Theopenworld.com Services), including, without limitation, the
license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Theopenworld.com is under no
obligation to post or use any Submission you may provide and
Theopenworld.com may remove any Submission at any time in its
sole discretion.
By Posting a Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as
described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner of
such Images has granted you permission to use such Images or any
content and/or images contained in such Images consistent with
the manner and purpose of your use and as otherwise permitted by
these Terms of Use and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as
set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting
(a) to all members of your private community (for each such
Images available to members of such private community), and/or
(b) to the general public (for each such Images available
anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as
permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your
Images without having your name attached to such Images, and the
right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a Images
will terminate at the time you completely remove such Images
from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior
to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THEOPENWORLD.COM'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
THEOPENWORLD.COM AND THEOPENWORLD.COM IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THEOPENWORLD.COM
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. THEOPENWORLD.COM IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
THEOPENWORLD.COM OF THE SITE, OR THAT WILL BE FREE OF ERRORS.
THEOPENWORLD.COM CANNOT BE HELD RESPONSIBLE FOR ANY ISSUES THAT
MAY ARISE FROM THE USE OF THIRD PARTY WEBSITES OR SERVICES.
UNSOLICITED IDEA SUBMISSION POLICY.
THEOPENWORLD.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
THEOPENWORLD.COM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO THEOPENWORLD.COM. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO THEOPENWORLD.COM OR ANYONE AT
THEOPENWORLD.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT THEOPENWORLD.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2006 Theopenworld.com, PO BOX 50345, London W4
3UU, The United Kingdom. All rights reserved.
TRADEMARKS.
Trademark information is available at
http://www.theopenworld.com/information/.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact
are available through our website at
http://www.theopenworld.com/information/ |