|
® PerfectPCServices.com, as
part of PerfectPC Services, LLC.
All rights reserved.
PLEASE READ THIS CAREFULLY.
THE FOLLOWING TERMS AND
CONDITIONS CONSTITUTE A BINDING
AGREEMENT BETWEEN YOU AND
PERFECTPCSERVICES.COM, LLC
(“Company”). By accessing,
browsing and/or otherwise using
this web site (“Site”), you
acknowledge that you have read,
understood and agreed to be
bound by these terms and
conditions, and to comply with
all applicable laws and
regulations, including U.S.
export and re-export control
laws and regulations. If you do
not agree to all of these terms
and conditions, do not access,
browse and/or use this Site. The
material provided on this Site
is protected by law, including,
but not limited to, United
States copyright law and
international treaties.
These terms apply to
your access to and use of this
Site and do not alter in any way
the terms and conditions of any
other agreement you may have
with Company for products,
services or otherwise, unless
otherwise directed by Company.
If you breach any of these terms
and conditions, your
authorization to use this Site
automatically terminates and you
must immediately destroy any
downloaded or printed materials
and discontinue use of any
hyperlinks to this Site. A
breach of this Agreement may
subject you to civil and
criminal liability, including
monetary damages.
OPERATOR
The Site is operated by
PerfectPC Services, LLC, a
company incorporated under the
laws of Indiana whose principal
business address is PO Box 1045,
Muncie, IN 47308. Company makes
no representation that the Site,
or Content available through it,
are appropriate or available for
use at other locations outside
the United States, and access to
the Site from territories where
the Site or Content are illegal
is prohibited. If you access the
Site from a location outside the
United States, you are
responsible for compliance with
all local laws.
REVISIONS TO THIS
AGREEMENT Company
reserves the right to change
this Agreement from time to time
and any modification to this
Agreement will be effective upon
posting to the Site. Your
continued use of the Site after
the posting of a modification to
this Agreement constitutes your
acceptance of the modification.
Your use of the Site will be
subject at all times to the most
current version of this
Agreement.
USE RESTRICTIONS
Intellectual Property Rights.
All images, audio, video and
related informational materials
in any medium and the selection
and arrangement thereof,
including related text,
captions, or information
(collectively referred to as
“Content”), is owned by Company
or our licensors and is
protected by US and
international copyright laws,
trade dress, moral rights, and
other intellectual property
rights. Except as explicitly
permitted under this Agreement,
no portion or element of this
Site or its Content may be
copied or retransmitted via any
means and all related rights
shall remain the exclusive
property of Company and its
licensors. You may not copy,
modify, translate, publish,
perform, broadcast, transmit,
download, distribute, display,
prepare derivative works of,
sell or otherwise exploit any
Content appearing on or through
the Site for any purpose without
our prior written consent and
that of our licensors or
suppliers if required. You may
not “mirror” any material
contained on this Site on any
other server without prior
written permission from Company.
Any unauthorized use of any
material contained on this Site
may violate copyright laws,
trademark laws, the laws of
privacy and publicity and
communications regulations and
statutes and could subject you
to civil and criminal penalties.
FOR THE PROTECTION OF COMPANY
AND ITS LICENSORS, CONTENT MAY
BE VISIBLY, INVISIBLY, OR
ELECTRONICALLY WATERMARKED AND
MAY INCLUDE THE USE OF DIGITAL
RIGHTS MANAGEMENT SYSTEM
TECHNOLOGY WITHIN CONTENT. SUCH
TECHNOLOGY MAY PERMIT ONLINE
CRAWLING OR TRACKING OF CONTENT
OBTAINED FROM COMPANY AND/OR
OTHER METHODS OF PROTECTING,
MONITORING, OR TRACKING THE
UNAUTHORIZED USE OF THE CONTENT
(“RIGHTS MANAGEMENT SYSTEMS
(RMS))”. If you do not consent
to Company’s use of RMS, do not
use the Site or any Content. You
shall not knowingly disable any
such technology or tool. You may
not remove any copyright or
other proprietary notices
contained in the Content,
caption information, or any
other material on this Site.
Trademarks. PerfectPC,
PerfectPC Services, PerfectPC
Webs, PerfectPC Websites,
PerfectPC Prices, and any other
registered names owned by
PerfectPC Services, LLC are
trademarks or registered
trademarks of Company, reg.
USPAT & TM Office. All other
trademarks are the property of
their respective owners. You are
not permitted to use any
trademark displayed on this Site
without the prior written
consent of Company or the owner
of such trademark.
Hyperlinks. You are
granted a limited, nonexclusive
right to create a “hypertext”
link to this Site provided that
such link is to the entry page
of this Site and does not
portray Company or any of the
products or services featured on
the Site in a false, misleading,
derogatory, or otherwise
defamatory manner. This limited
right may be revoked at any time
for any reason whatsoever. You
may not use framing techniques
to enclose any Company
trademark, logo or trade name or
other proprietary information
including the images found at
the Site, the content of any
text or the layout/design of any
page or any form contained on a
page without Company’s express
written consent. Links to third
party sites on this Site are
provided solely as convenience
to you. If you use these links,
you will leave this Site.
Company has not reviewed all of
these third party sites and does
not control and is not
responsible for any of these
sites, their content or their
policies, including, without
limitation, privacy policies or
lack thereof. Company does not
endorse or make any
representations about third
party sites or any information,
software or other products or
materials found there, or any
results that may be obtained
from using them. If you decide
to access any of the third party
sites linked to this site, you
do so entirely at your own risk.
You acknowledge and agree that
Company 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
the use of or reliance on any
such third party sites.
Downloadable Content.
Any Content that is made
available to download from this
Site is the copyrighted work of
Company and/or its suppliers and
affiliates and subject to the
Use Restrictions stated herein.
Limited Access. Except
as otherwise expressly permitted
by Company, any access or
attempt to access other areas of
the Company computer system or
other information contained on
the system for any purposes is
strictly prohibited. You agree
that you will not use any robot,
spider, other automatic device,
or manual process to “screen
scrape,” monitor, “mine,” or
copy the Web pages on the Site
or the content contained therein
without Company’s prior,
express, and written permission.
You will not spam or send
unsolicited e-mail to any other
user of the Site for any reason.
You agree that you will not use
any device, software or routine
to interfere or attempt to
interfere with the proper
working of the Site. You agree
that you will not take any
action that imposes an
unreasonable or
disproportionately large load on
Company’s infrastructure.
Acceptable Use Policy.
While using the Site, you agree
to comply with all applicable
laws, rules and regulations and
agree not to engage in
unacceptable use of the Site.
You shall not post, transmit,
e-mail, re-transmit or store
material on or through any of
the services provided by Company
(the “Services”) which, in the
sole judgment of the Company: (i)
is in violation of any local,
state, federal or non-United
States law or regulation, (ii)
is threatening, obscene,
indecent, defamatory or that
otherwise could adversely affect
any individual, group or entity
(collectively, "Persons") or
(iii) violates the rights of any
person, including rights
protected by copyright, trade
secret, patent or other
intellectual property or similar
laws or regulations. You shall
be responsible for determining
what laws or regulations are
applicable to your use of the
Services. In addition, you may
only use the Services in a
manner that, in the Company's
sole judgment, is consistent
with the purposes of such
Services. If you are unsure of
whether any contemplated use or
action is permitted, please
contact the Company at
support@perfectpcservices.com.
By way of example, and not
limitation, the following uses
described below of the Services
are expressly prohibited:
- upload, post,
e-mail or otherwise transmit
any information, data, text,
software, music, sound,
photographs, graphics,
video, messages or other
materials (collectively,
“Content”) that is unlawful,
harmful, threatening,
abusive, harassing,
tortuous, defamatory,
vulgar, obscene, libelous,
invasive of another's
privacy, hateful, or
racially, ethnically or
otherwise objectionable.
Pornography and pornographic
related merchandising are
prohibited under all
Services, including
providing links to
pornographic content
elsewhere;
- harm minors in
any way;
- impersonate any
person or entity, including,
but not limited to, a
Company official, forum
leader, guide or host, or
falsely state or otherwise
misrepresent your
affiliation with a person or
entity;
- forge headers
or otherwise manipulate
identifiers in order to
disguise the origin of any
Content transmitted through
the Services or develop
restricted or password-only
access pages, or hidden
pages or images (those not
linked to from another
accessible page);
- upload, post,
e-mail or otherwise transmit
any Content that you do not
have a right to transmit
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);
- upload, post,
e-mail or otherwise transmit
any Content that infringes
any patent, trademark, trade
secret, copyright or other
proprietary rights of any
party;
- upload, post,
e-mail or otherwise transmit
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;
- disrupt the
normal flow of dialogue,
cause a screen to "scroll"
faster than other users of
the Services are able to
type, or otherwise act in a
manner that negatively
affects other users' ability
to engage in real time
exchanges;
- restrict or
inhibit other users from
visiting the Site, including
without limitation, by means
of “hacking or defacing any
portion of the Site;
- collect,
harvest, mine or obtain by
any other manner information
about others, including but
not limited to, phone
numbers, email addresses,
and other personal
information;
- “stalk" or
otherwise harass another;
- promote or
provide instructional
information about illegal
activities, promote physical
harm or injury against any
group or individual, or
promote any act of cruelty
to animals. This may
include, but is not limited
to, providing instructions
on how to assemble bombs,
grenades and other weapons,
and creating "Crush" sites;
and
- effect security
breaches or disruptions of
Internet communication.
Security breaches include,
but are not limited to,
accessing data of which you
are not an intended
recipient or logging into a
server or account that you
are not expressly authorized
to access.
You further agree not to (i)
interfere with or disrupt any
other user’s quiet enjoyment of
the Site; or (ii) interfere with
or disrupt or attempt to
interfere with or disrupt the
security of the Site or
otherwise cause harm to the
Site.
DISCLAIMER OF
WARRANTIES This Site,
including all software,
functions, Content, and
information, is provided “as is”
without warranties of any kind,
either express or implied.
Company disclaims all
warranties, express or implied,
including, but not limited to,
warranties of quiet enjoyment
and non-infringement and implied
warranties of merchantability,
fitness for a particular
purpose, non-infringement,
accuracy, title, quiet
enjoyment, system integration,
and informational content.
Company does not warrant or make
any representations regarding
the operation of this Site, the
use, validity, accuracy or
reliability of, or the results
of the use of the Content on
this Site or any other sites
linked to this Site. The Content
may be out of date, and Company
makes no commitment to update
the Content. Company does not
and cannot guarantee or warrant
that the files available for
downloading from this Site, if
any, will be free from
infection, viruses, worms,
Trojan horses, or other code
that manifest contaminating or
destructive properties. Company
does not warrant that this Site,
software, Content, products, or
services will be uninterrupted
or error-free or that any
defects in this Site, software,
Content, products, or services
will be corrected.
LIMITATION OF
LIABILITY In no event will
Company, its licensors or other
third parties mentioned at or in
this Site be liable for any
damages, including, without
limitation direct, indirect,
special, incidental, or
consequential damages, damages
resulting from lost profits,
lost data or business
interruption arising out of
relating to the use, inability
to use, or resulting from the
use of this Site, any Web sites
linked to this Site, the
content, software or other
information contained in any or
all such sites, products related
to or ordered via this Site,
whether based on warranty,
contracts, statutes,
regulations, tort (including but
not limited to, negligence) or
any other legal theory and
whether or not advised of the
possibility of such damages. If
your use of the Content or
information from this Site
results in the need for
servicing, repair or correction
of equipment or data, you assume
all costs thereof. Some states
do not allow the exclusion or
limitation of incidental or
consequential damages, so the
above limitation or exclusion
may not apply to you.
U.S. GOVERNMENT
RESTRICTED RIGHTS
The Content on this Site is
provided with “RESTRICTED
RIGHTS.” Use, duplication, or
disclosure by the government is
subject to restrictions as set
forth in applicable laws and
regulations. Use of the Content
by the government constitutes
acknowledgment of Company’s
proprietary rights in them.
COPYRIGHT
INFRINGEMENT POLICY
In accordance with the
requirements set forth in the
Digital Millennium Copyright
Act, Title 17 United States Code
Section 512(c)(2) (“DMCA”),
Saveology.com, LLC will
investigate notices of copyright
infringement and take
appropriate remedial action. If
you believe that any Content on
the Site has been used or copied
in a manner that infringes your
work, please provide a written
notification of claimed
copyright infringement to the
Designated Agent for the Site
containing the following
elements as set forth in the
DMCA:
- a physical or electronic
signature of the owner of
the copyright interest that
is alleged to have been
infringed or the person
authorized to act on behalf
of the owner;
- identification of the
copyrighted work(s)claimed
to have been infringed,
including copyright date;
- identification of the
Content that you claim to be
infringing and which you
request be removed from the
Site or access to which is
to be disabled along with a
description of where the
infringing Content is
located;
- information reasonably
sufficient to allow us to
contact you, such as a
physical address, telephone
number and an email address;
- a statement by you that
you have a good faith belief
that the use of the Content
identified in your written
notification in the manner
complained of is not
authorized by you or the
copyright owner, its agent
or the law; and
- a statement by you that
the information in your
written notification is
accurate and that, under
penalty of perjury, you are
the copyright owner or
authorized to act on behalf
of the copyright owner.
Company’s designated agent for
the written notification of
claims of copyright infringement
can be contacted at the
following address: Designated
Agent – Copyright Infringement
Claims PerfectPC Services,
LLC PO Box 1045 Muncie, IN
47308 Email:
support@perfectpcservices.com
YOUR INFORMATION
While Company may provide you
with an opportunity to provide
comments or ask questions
regarding the Content posted on
the Site, we do not want nor do
we solicit confidential or
proprietary information from
you. Any unsolicited information
you provide, including but not
limited to feedback,
suggestions, data, or plans or
ideas for products or services,
shall be deemed non-proprietary
and non-confidential and Company
shall have no obligation to
protect such information from
further disclosure or
distribution. By providing us
with such information, you are
granting us an unrestricted and
irrevocable right to reproduce,
use, publish, broadcast,
disclose, display, perform,
modify, transmit, distribute or
otherwise use and exploit the
information without restriction
and without compensation.
INDEMNIFICATION
You agree to indemnify, defend
and hold Company, its licensors
and affiliates and their
respective assigns, harmless
from any loss, liability,
damages or claim, including
reasonable attorneys’ fees and
costs, that arise directly or
indirectly from (i) your
activities in connection with
the Site, (ii) a breach of this
Agreement, including, but not
limited to, any violation of the
acceptable use policy, or (iii)
any allegation that any
information that you provide via
the Site infringes or otherwise
violates the copyright,
trademark, trade secret or other
intellectual property, privacy
or other rights of any third
party. You also agree to
reimburse on demand any and all
indemnified parties for any
losses incurred by such
indemnified parties to which
this indemnification provision
relates.
AVAILABILITY
Company makes reasonable efforts
to ensure that the Site is
available 24 hours a day 7 days
a week. You agree that from time
to time the Site or portions
thereof may be inoperable or
inaccessible for any reason,
including, without limitation, (i)
equipment malfunctions; (ii)
periodic maintenance procedures
or repairs which Company may
undertake from time to time; or
(iii) causes beyond the control
of Company or which are not
reasonably foreseeable by
Company. Some Content on the
Site may have been created in
file formats which are not
error-free and Company does not
guarantee that the Site will not
be affected by such errors. You
are responsible for all costs
and charges that you may incur
in order to access and use the
Site and the Content.
APPLICABLE LAWS &
MISCELLANEOUS If any
provision(s) of this Agreement
is held by a court of competent
jurisdiction to be contrary to
law, then such provision(s)
shall be construed, as nearly as
possible, to reflect the
intentions of the parties with
the other provisions remaining
in full force and effect.
Company’s failure to exercise or
enforce any right or provision
of this Agreement shall not
constitute a waiver of such
right or provision unless
acknowledged and agreed to by
Company in writing. The section
titles in this Agreement are
solely used for the convenience
of the parties and have no legal
or contractual significance.
This Agreement may be assigned
in whole or in part by Company.
This Agreement shall be governed
by and construed in accordance
with the laws of the State of
Indiana without regard to
conflict of laws provisions. You
irrevocably and unconditionally
consent to submit all disputes
arising under this Agreement to
arbitration in Munce, Indiana,
before a sole impartial
arbitrator. The arbitration
shall be administered by the AAA
pursuant to its Commercial Rules
and the arbitrator shall be
selected pursuant to the rules
and procedures of the AAA. The
decision of the arbitrator shall
be final and non-appealable.
Judgment on the award may be
entered in any court having
competent jurisdiction.
Last Updated: February 1,
2012
|