Terms & Conditions of Use
Your use of Tekrati's Internet sites or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of this site constitutes your binding acceptance of these Terms, including any modifications that we make.
Some of the Services may be subject to additional terms and conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
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;
- Change, suspend or discontinue all or any part of our Services;
- Refuse, move or remove any material that you submit to our sites for any reason;
- Refuse, move, or remove any content that is available on our sites;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of our sites
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.
We do not guarantee the accuracy, integrity or quality of the content on this site. This website and Services may include inaccuracies or typographical errors. Tekrati and the third parties that provide content on this site may make improvements and/or changes in the products, services, programs, and prices described at any time without notice.
Any action related to this website and Services shall be governed by California law and controlling U.S. federal law. You hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to this website or Newsletter.
Use of this website or Services is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions of Use, including without limitation this paragraph.
Use of this website and Newsletter is subject to existing laws and legal process, and nothing contained herein shall limit Tekrati's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or Services or information provided to or gathered by Tekrati with respect to such use. If any part of the Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of the Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this website or Newsletter or the Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
The Terms and Conditions of Use represent the entire understanding relating to the use of this website and Newsletter and prevail over any prior or contemporaneous, conflicting or additional, communications. Tekrati can revise the Terms and Conditions of Use at any time without notice by updating this posting.
Your Conduct on our site
You shall use this site for lawful purposes only. You shall not post or transmit through www.tekrati.com or weblog.tekrati.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Tekrati’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in Tekrati’s discretion restricts or inhibits any other person from using or enjoying this site will not be permitted. You shall not use Tekrati to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Tekrati.
This site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents this site are copyrighted as a collective work under the United States copyright laws. Tekrati owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Tekrati, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
All information posted as comments to these sites, including: data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Tekrati, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Tekrati Sites. No user shall transmit Content or otherwise conduct or participate in any activities on Tekrati Sites that, in the judgment of Tekrati, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
You shall not upload, post or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this site, You automatically grant, or warrants that the owner of such material has expressly granted Tekrati, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other person to access, view, store or reproduce the material for that person’s personal use. You hereby grant Tekrati Inc. the right to edit, copy, publish and distribute any material made available on this site by you.
Documents Available at this website
Permission to use documents (including Tekrati's newsletters, white papers, press releases, datasheets and FAQs from this website 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 this website is for informational and non-commercial or personal use only and will not be copied, posted or electronically distributed to any individual, entity or placed on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. 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 this website or any other Tekrati site. Elements of this website and Newsletter are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website or Newsletter may be copied or retransmitted unless expressly permitted by Tekrati.
TEKRATI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN THIS WEBSITE, NEWSLETTER OR GUIDE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEKRATI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTS.
IN NO EVENT SHALL TEKRATI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, 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 THIS WEBSITE, AND WHETHER OR NOT TEKRATI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Links to Third Party Sites
Certain links in this website will let you leave this website for websites, web pages or services not operated by Tekrati. Third Party Sites are not under the control of Tekrati and Tekrati is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. Tekrati is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tekrati.
Copyright and Trademarks
All contents of this web site are: Copyright © 2004 Tekrati, Inc. or its suppliers. All rights reserved.
Tekrati, The Industry Analyst Reporter are trademarks of Tekrati, Inc. All other trademarks are the property of their respective owners. Trademarks, service marks and other marks that appear throughout this web site belong to Tekrati or other third party trademark owners, and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing throughout this web site without the express written consent from the respective mark owner except as permitted by applicable laws.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. |
