Copyright/Web
Site Use Agreement and Legal Notices
1. General.
1.1 This Agreement governs your use of this web site and its associated
services (the "Web Service"), including interactive chat and forum
discussion areas (the "Interactive Areas"), which are owned and
operated by The Alpha Group and its subsidiaries, affiliates, divisions and
related companies ("Alpha").
1.2 Alpha reserves the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon notice published
on the Web Service. Your use of the Web Service constitutes your binding
acceptance of these terms and conditions, including any changes or
modifications made by Alpha as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you should
immediately cease use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information, software,
photographs, audio and video clips, graphics, links and other material that are
protected by copyright, trademark or other proprietary rights of Alpha or third
parties, including but not limited to product names, logos, designs, titles,
and words or phrases which may be registered in certain jurisdictions
(collectively, the "Content"). You agree to comply with any
additional copyright notices, information, or restrictions contained in any
Content available on or accessed through the Web Service. Users of the Web
Service may use the Content only for their personal, noncommercial use. Users
of the Web Service wanting to use the content for commercial use must obtain
prior express written permission of Alpha.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the content, in whole or in part, except as otherwise expressly permitted in
this Agreement. Content consisting of downloadable software may not be
reverse-engineered unless specifically authorized by the owner of the
software’s patent and or copyright. Subject to the provisions of this
Agreement, you may post on the Web Service any content owned by you (such as
your original statements), content for which you have received express
permission from the owner, and content in the public domain. You assume all
right and responsibility for determining whether any content is in the public
domain. You grant to Alpha the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose any content that
you place on the Web Service without compensation to you. You represent and
warrant that you are authorized to grant all rights set forth in the preceding
sentence.
2.3 You may not download content on
this web site that is indicated to be for sale except under the terms of the
sale. Such content is the protected and copyrightable property of Alpha.
"Free" content may be downloaded for your personal use or
noncommercial distribution consistent with the terms defined in this Agreement.
When using both purchased and "free" content, you will maintain and
include all copyright and other notices contained in such content. Except as
expressly permitted by the copyright laws, no copying, storage, redistribution
or publication of any content is permitted without the express permission of
Alpha or the owners of such content or their authorized persons if other than
Alpha.
3. Rules of Conduct. You shall not post on the Web Service any content
which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening; (b) contains viruses or other contaminating or destructive
features; (c) violates the rights of others, such as content which infringes
any copyright, trademark, patent, trade secret or violates any right of privacy
or publicity; or (d) otherwise violates any applicable law or reputation. You
may not post on the Web Service any links to any external Internet sites that
are obscene or pornographic. You shall not use the Web Service for any
commercial purpose not expressly approved by Alpha, nor shall you distribute
any advertising or solicitation of funds or goods and services or solicit users
to join competitive online services.
4. Managing Content. Alpha does not and cannot review all content posted
by users on the Web Service and is not responsible for such content. However,
Alpha reserves the right to delete, move or edit any content (including content
posted in any Interactive Area) that it may determine, in its sole discretion,
violates or may violate this Agreement or is otherwise unacceptable. You shall
remain solely responsible for all content posted by you. Alpha shall have the
right but not the obligation, to correct any errors or omissions in any
content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 Alpha does not represent or endorse the accuracy or reliability of any
content posted on any Interactive Area and you acknowledge that any reliance
upon such content shall be at your sole risk. Any content placed on any
Interactive Area by users are the views of the user posting the statement, and
do not represent the views of Alpha or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet, which are owned
and operated by third parties (the "External Sites"). You acknowledge
that Alpha is not responsible for the availability of, or the content located
on or through any External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold Alpha and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "Alpha
Parties") harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys’ fees) incurred by any Alpha Party in
connection with any use or alleged use of the service under your user name by
any person, whether or not authorized by you. Alpha reserves the right, at your
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with Alpha’s defense of such claim.
7. Termination of Service. Alpha reserves the right, in its sole
discretion, to restrict, suspend or terminate your access to all or any part of
the Web Service, including the Interactive Areas, at any time for any reason
without prior notice or liability. Alpha may change, suspend or discontinue all
or any aspect of the Web Service at any time, including the availability of any
feature, database, or Content (including the Interactive Areas), without prior
notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER ALPHA NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES ALPHA, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB
SERVICE OR THE CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. NEITHER ALPHA, THIRD PARTY CONTENT
PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD
THROUGH THE WEB SERVICE. NEITHER ALPHA NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SERVICE WILL
BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY
YOU.
8.2. NEITHER ALPHA NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL
BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ALPHA, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. MISCELLANEOUS. This Agreement shall be construed in accordance with
the laws of the State of