NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. The Site and all RUBYHORNET.COM users are subject to the requirements of the DMCA. Any allegations of copyright infringement occurring on the Site must comply with the DMCA notification requirements detailed below. INTELLECTUAL PROPERTY OF RUBYHORNET.COM All material on the Site, including the RUBYHORNET.COM logo, design, graphic, other files and the arrangement thereof are copyright RUBYHORNET.COM, all rights reserved. Without RUBYHORNET.COM’s prior written consent, you agree not to display or use in any manner the material on the Site. All RUBYHORNET.COM trademarks and service marks and other RUBYHORNET.COM products and service names are trademarks of RUBYHORNET.COM, (the “RUBYHORNET.COM Marks”). Without RUBYHORNET.COM’s prior written consent, you agree not to display or use, in any manner the RUBYHORNET.COM Marks.
DMCA Copyright Infringement Notification Requirements:
Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”)
Identification of the copyrighted work(s) claimed to have been infringed
Identification of the material claimed to infringe the copyright(s), and enough information for RUBYHORNET.COM to locate it including URLs and specific descriptions of the infringing material at each URL
The Claimant’s name, address, and telephone number(s)
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. RUBYHORNET.COM is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that RUBYHORNET.COM will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
USE OF THE SITE
(a) Not to use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute information available on the Site without our prior consent;
(b) Not to frame portions of the Site within another website or establish links from any other website to any page of the Site other than the home page;
(c) Not to disrupt or interfere with the security of, or otherwise abuse, including, without limitation, via means of overloading or crashing, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
(d) Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites; or
(e) Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site. You understand that while RUBYHORNET.COM may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, RUBYHORNET.COM does not monitor its users’ use or activities to determine whether they are in compliance with the TOU. However, when RUBYHORNET.COM becomes aware of any violation of the TOU or other user agreements, RUBYHORNET.COM may take any action to stop or correct such violation, including, but not limited to, denying access to RUBYHORNET.COM ‘s services and equipment or to the Internet.
RUBYHORNET.COM works with a number of third parties whose websites may be linked with the Site. Because RUBYHORNET.COM has no control over the content and performance of these third party websites, RUBYHORNET.COM makes no guarantees about the accuracy, integrity, content or quality of the information or services provided by such websites, and RUBYHORNET.COM assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those websites. Under no circumstances will RUBYHORNET.COM be liable in any way for any information or services provided by any third party websites linked from the Site. You acknowledge that such linked sites may contain adult-oriented or offensive content. RUBYHORNET.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by RUBYHORNET.COM of the site or any information contained therein. When leaving the Site, you should be aware that RUBYHORNET.COM TOU no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
You may create a hyperlink to the Site provided such link and the content associated with the link do not portray RUBYHORNET.COM or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a RUBYHORNET.COM logo or other proprietary graphic or trademark of RUBYHORNET.COM to link to the Site without the express written permission of RUBYHORNET.COM. This permission may be revoked at any time. You acknowledge that RUBYHORNET.COM does not verify, endorse, or vouch for the companies or entities listed or advertised on the Site. Furthermore, the Site is not responsible for the delivery or quality of any goods or services sold or advertised by third parties through or on the Site.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. RUBYHORNET.COM reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. RUBYHORNET.COM intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the TOU or of any applicable laws.
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED AND MADE AVAILABLE ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RUBYHORNET.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY RUBYHORNET.COM, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. RUBYHORNET.COM AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.
YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL RUBYHORNET.COM (INCLUDING, WITHOUT LIMITATION, RUBYHORNET.COM’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING RUBYHORNET.COM’S SERVICES, BE LIABLE FOR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR ANY INABILITY TO USE, THE SITE EVEN IF RUBYHORNET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to protect, defend, hold harmless, and indemnify RUBYHORNET.COM, any third party entity related to RUBYHORNET.COM (including, without limitation, third party vendors), and RUBYHORNET.COM’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all third party claims, liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any way from your use of the Site, your violation of the TOU, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
The TOU will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration arising out of your use of the Site will take place in Illinois, and you will consent to personal jurisdiction and venue in that jurisdiction.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in the TOU to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
No waiver of any breach of any provision of the TOU shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
The TOU constitute the entire agreement between you and RUBYHORNET.COM and governs and your use of the Site, superseding any prior agreements between you and RUBYHORNET.COM with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RUBYHORNET.COM services, third party content or third party software. This TOU, and/or any other specific agreement for RUBYHORNET.COM services is between RUBYHORNET.COM its users and will not confer any rights in any third party except as otherwise expressly provided by RUBYHORNET.COM.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TOU AND AGREE TO BE BOUND BY THEM.