INTERNATIONAL GENERATOR TECHNICAL COMMUNITY
TERMS AND CONDITIONS OF USE
POSTED: 11 February 2010
1. Terms. This
site, www.generatortechnicalforum.org, (hereinafter Site) has been developed,
and is owned by, International Generator Technical Community (IGTC or we). This
Site is provided to you (the user of this Site) for your personal information,
education, and communication through our featured content and interactive forum
on the World Wide Web. Please carefully read these Terms and Conditions of Use
(Agreement). This Agreement includes our policy for acceptable use of the Site
and content posted on the Site, your rights, obligations and restrictions
regarding your use of the Site.
2. Acceptance.
By accessing or using this Site, you accept, without
limitation or qualification, the terms and conditions of this Agreement. You
are only authorized to use the Site and its services if you agree to abide by and
accept the terms and conditions of this Agreement and all applicable laws. If
you do NOT accept the Agreement, then you MUST immediately discontinue your use
of the Site.
3. Modification. You
hereby agree that IGTC may modify this Agreement from time to time and such modification
shall be effective upon posting such modifications to the Site. You agree to be
bound to any changes to this Agreement when you use the Site after any such
modification is posted. You agree to periodically review the Agreement to
ensure you are updated as to any changes made, and that you agree to such
changes. This Agreement constitutes the entire agreement regarding your use of
the Site and the services it offers and supersedes any such prior terms.
4. Restrictions
on Use of Content. Use of this Site and content or
material contained herein is strictly limited to non-commercial purposes only.
Any information provided on this Site is given gratuitously and for
informational and educational purposes. Copies of any material taken, as
permitted, from this Site must properly and clearly display any applicable
copyright or trademark notice.
5. IGTC
Content. The content and material owned or provided by IGTC on this
Site may be protected by copyright, trademark, and other applicable laws. You
may not modify, copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute in any way any the
IGTC content or material from the Site, including but not limited to text,
audio, video, code and software. During your visit, however, you may download
material displayed on the Site for non-commercial, personal use only (provided
that you also retain all copyright and other proprietary notices contained on
the materials). We neither warrant nor represent that your use of materials
displayed on the Site will not infringe rights of third parties. Except as
provided herein, you are prohibited from reproducing, republishing,
redistributing, or reselling any IGTC content or materials from this Site in
either machine-readable form or any other form without the prior express
permission of IGTC.
6. Use
of the Site. IGTC grants to you a limited,
non-exclusive, non-transferrable, non-assignable, terminable, limited license
to use the Site and the IGTC content for educational and collaborative,
non-commercial purposes provided that you agree to all of the terms and
conditions of this Agreement.
7. No
Substitute for Professional Judgment. IGTC does not endorse, approve, verify,
support, or warrant the accuracy, dependability, validity, or reliability of
user or third party content, material, or information posted on, uploaded to,
or derived from the Site. The
content, material, and information provided, either by (i) IGTC or (ii) other
users or moderators, that is posted on or provided by the Site, is solely for
educational and collaborative problem-solving purposes. All such content,
material, and information is provided "AS IS" with no warranties express or
implied. You cannot rely solely on any content, material, or information
provided by the Site to make repairs, modifications, or customizations of
equipment or processes, or to develop new machinery or processes. You agree and
acknowledge that the content, material, and information provided on the Site is
NO SUBSTITUTE for your knowledge, experience, education, due diligence,
research, and professional judgment. Such content, material, and information is
provided generally, to a broad audience and is in no way intended to be
specific to your problems or issues or apply to a specific set of facts or
application (even if it is stated so by the user or moderator, or expressly
stated otherwise within the content, materials, or information itself). You
agree and acknowledge that IGTC is not liable for your use or misuse of any
information provided on the Site, whatsoever, regardless of the claim or theory
of recovery including, without limitation, strict liability, reliance, tort,
contract, or otherwise. IGTC will not be liable, directly, indirectly,
vicariously, strictly, or otherwise, for any loss or damage suffered by a user
or a third party through the user's reliance on content, material, information,
or advice provided by, posted on, or acquired through the Site.
8. Conduct
on the Site / Forum Etiquette. Advertising is available on the Site
and is governed by a separate agreement between you and IGTC; however, we do
not allow promotional posts. Promoting an individual, product, brand, company,
organization, enterprise, service, or other clandestine marketing efforts will
not be tolerated. Commercial signatures and hyperlinks are NOT allowed in posts
or on your signature line. We do not allow negative posts. Criticizing,
denigrating, demeaning or otherwise negative comments on an individual,
product, brand, company, organization, enterprise, service, or other comments,
as determine solely by IGTC, will not be tolerated. Obscenity, slanderous,
negative, vulgar, or obscene posts containing morally indecent content will not
be tolerated and are subject to removal along with your membership. Subjects,
posts, or threads that are generally considered to be in poor taste, not in
keeping in a forum focused on collaboration, are also subject to removal.
All
communications, content, or actions sent, uploaded, or taken by you are subject
to IGTC's sole determination and classification that such activities are
prohibited. The following is a list (illustrative, not exhaustive) prohibited
uses of, or activities related to the Site:
Additionally,
you will not (i) impersonate or misrepresent your association with any person
or entity; (ii) forge or otherwise seek to conceal or misrepresent the origin
of any content provided by you; (iii) collect or harvest any information about
other users; (iv) post any personal information: phone number, email address,
mailing address, etc.; (v) ask others for their personal info, and such posts
requesting personal info are subject to removal (this includes, but is not
limited to, communications that ask for personal information submitted via
email, mail, telephone, surveys, etc.); and (vi) provide, or use this Site to
provide, any content or service in any commercial manner, or in any manner that
would involve junk mail, spam, chain letters, pyramid schemes, or any other
form of unauthorized advertising or commerce. Site moderators or IGTC reserve
the right to remove off-topic posts, or move them to more appropriate area of
the forums, or terminate your access to, and use of, the Site at any time with
or without cause. Although the administrators and moderators will attempt to
keep all objectionable messages off this Site, it is impossible for us to
review all messages. All messages express the views of the author only. IGTC
will not be held responsible for the content of any message.
9. Denial
and Revocation of Access. IGTC
reserves the right to deny any and all access to this Site at its sole
discretion for any reason. IGTC reserves the right to revoke any and all access
granted or any use authorizations granted to this Site at anytime at its sole
discretion for any reason.
10. Release of
User Input. Any user content, material, or information provided to this
Site, whether electronic or otherwise, is given gratuitously to the Site, and
is licensed to IGTC as expressed herein. IGTC shall be entitled to use any user
content, material, or information for any purpose without compensation to the
contributor.
11. Intellectual
Property. You represent and warrant that: (i) you own the content
posted by you on or through the Site or otherwise have the right to grant the
license set forth herein, and (ii) the posting of your content does not violate
the privacy rights, publicity rights, copyrights, contract rights, intellectual
property rights, or any other rights of any person or entity. By providing any
content to this Site, you grant to IGTC editor a worldwide, royalty-free,
perpetual, assignable, sub-licensable, non-exclusive right and license
(including any moral rights or other necessary rights) to use, display,
reproduce, modify, adapt, publish, distribute, perform, promote, archive,
translate, sub-license, and to create derivative works and compilations, in
whole or in part to all content and material you post to the Site. Such license
will apply with respect to any form, media, or technology already known at the
time of provision or developed subsequently. You warrant and represent that you
have all legal, moral, and intellectual property and other rights that may be
necessary to grant to IGTC the license specified above. You acknowledge and
agree that IGTC will have the right (but not obligation), at IGTC's sole
discretion, to refuse to publish, or to remove, or to block access to you or
any content you provide, at any time and for any reason, with or without
notice. These nonexclusive publishing license and resale/adaptation rights
extend to any content and materials submitted "for publication" within the
Site, including both message board postings and content submitted for uploading
and subsequent publishing within non-message board portions of the Site.
12. Digital Millennium
Copyright Act Notice.
We respect the intellectual property rights of others
and expect users to do the same. In appropriate circumstances and in our sole
discretion, we may remove or disable access to material on our Site or hosted
on our systems that may be infringing or the subject of infringing activity.
In accordance
with the Digital Millennium Copyright Act of 1998, Title 17 of the United
States Code, Section 512 ("DMCA"), we will respond promptly to claims of
copyright infringement that are reported to the agent that we have designated
to receive notifications of claims infringement (its "Designated Agent"). Our
Designated Agent is:
Roger Shuback, Esq.
800 King Avenue
Columbus, Ohio 43212
614-488-1151, ext. 168
legal@generatortechnicalforum.org
If you are a copyright owner (or
authorized to act on behalf of the copyright owner) and believe that your
work's copyright has been infringed, please report your notice of infringement
to us by providing our Designated Agent with a written notification of claimed
infringement that includes substantially the following:
We
will investigate notices of copyright infringement and take appropriate actions
under the DMCA. Inquiries that do not follow this procedure may not receive a
response.
13. Privacy. Please
refer to and read our Privacy Policy so that you understand and accept IGTC's
privacy practices. CLICK HERE
14. Restrictions
on Links and Framing. Framing of this Site is strictly
prohibited. Commercial signatures and hyperlinks are NOT allowed in posts or on
your signature line. The Site may provide links to other websites or resources.
Because IGTC has no control over such sites and resources, you acknowledge and
agree that IGTC is not responsible for the availability of such external sites
and resources, and do not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
sites or resources.
15. Information
on Children. The features, programs,
promotions and other aspects of our Site requiring the submission of personally
identifiable information are not in any way intended for children. We do not
knowingly collect personally identifiable information from children under the
age of 13. If you are a parent or guardian of a child under the age of 13 and
believe he or she has disclosed personally identifiable information to us
please contact us as provided in line item 12 above. A parent or guardian of a child under the age of 13
may review and request deletion of such child's personally identifiable
information as well as prohibit the use thereof.
16. Choice of
Law and Forum Selection. The User agrees that any proceeding or
action regarding this Site will be governed the laws of the State of Ohio,
United States of America the without regard to any law related to choice or
conflicts of law. You agree that all actions or proceedings in connection with
the use of this Site shall be tried and litigated exclusively in the State and
Federal courts located in the County of Franklin, State of Ohio, United States
of America. The aforementioned choice of venue is mandatory and not permissive
in nature, and precludes the possibility of litigation in any jurisdiction
other than the one specified in this clause. You acknowledge and agree that
courts referenced in this clause shall have exclusive jurisdiction over any
cause of action relating to the use of this Site. You waive any and all
objections that you might otherwise have to personal jurisdiction or venue in
the tribunals of this clause, including but not limited to forum non conveniens
or any other similar doctrine.
17. Availability.
Except as expressly stated herein, IGTC makes no warranties,
express or implied, regarding the performance or availability of the Site or
IGTC content including, without limitation, uptime, availability, infringement,
access, security, quality, or otherwise. The Site is provided "AS-IS" and with
"ALL FAULTS." IGTC will use commercially
reasonable efforts to keep the Site available, but makes no further
representations.
18. Site
Security. This Site has reasonable security measures in place to
protect the loss, misuse, and alteration of the information under our control.
IGTC will use commercially reasonable efforts to monitor the security of the
Site. The Site contains a user authentication mechanism for users of the Site,
by issuing a (user selected) username and password upon registration to the
Site. You are solely responsible for the secrecy of such username and password,
and IGTC shall not be liable for any damages to you or others as a result of a
lost username or password. You agree to keep your username and password
confidential and not to permit any other individual or entity to acquire or use
your username or password on your behalf (with or without your permission). In
the event you lose either your username or password, you must contact IGTC
immediately so that they can deactivate the account and enable you to create a
new account.
19. Indemnification. You
agree to defend, indemnify and hold IGTC, its subsidiaries, affiliates,
officers, directors and employees, and third party moderators (Indemnified
Parties) harmless from any claim, demand, damages, costs and expenses
(including reasonable attorneys' fees), arising from any third party claim
against the Indemnified Parties due to or arising out of: (i) any breach of the
Agreement; (ii) your non-compliance with the law; or (iii) any claim related to
your use of the Site or any content, information, or material you post to the
Site, including any claims for intellectual property infringement or otherwise
arising therefrom.
20.
DISCLAIMERS. ALL
WARRANTIES RELATED TO THE SITE, ITS CONTENT, OR IGTC'S PROVISION THEREOF,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED. ANY TECHNICAL ADVICE OR ASSISTANCE PROVIDED ON THIS
SITE, OR DERIVED BY THE USE OF THIS SITE, INCLUDING ALL COMMUNICATIONS
REGARDING THIS SITE, IS GIVEN FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
ALL TECHNICAL ADVICE OR ASSISTANCE OFFERED SHALL CARRY NO WARRANTY OBLIGATIONS
ON THE PART OF THE IGTC OR PROVIDER OF SUCH ADVICE OR ASSISTANCE, OR THE
PROVIDER's EMPLOYER. IGTC
DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT ERRORS, OMISSIONS, INFRINGING
MATERIAL POSTED ON THE SITE OR FOR RELIANCE ON ANY CONTENT, MATERIALS, OR
INFORMATION PROVIDED ON THE SITE. FURTHERMORE, ANY TECHNICAL ADVICE OR
ASSISTANCE IS GIVEN GRATUITOUSLY WITHOUT CONSIDERATION AND FOR INFORMATIONAL
PURPOSES ONLY AND SHALL NOT RESULT IN ANY LIABILITY WHATSOEVER WHETHER IN
CONTRACT, TORT, STRICT LIABILITY, INDEMNITY, OR OTHERWISE IGTC, THE PROVIDER OF
TECHNICAL ADVICE OR ASSISTANCE, OR THE PROVIDER'S EMPLOYER. THE USER OF ANY
TECHNICAL ADVICE OR ASSISTANCE SHALL ASSUME FULL RESPONSIBILITY FOR THE
SUITABILITY AND APPLICATION OF ANY AND ALL TECHNICAL ADVICE OR ASSISTANCE FROM
THIS SITE, LINKS POSTED TO THIS SITE, OR HOWEVER SO DERIVED THROUGH OR
PERTAINING TO THIS SITE.
BY
CLICKING ACCEPT YOU CERTIFY TO HAVE READ AND UNDERSTOOD THESE TERMS AND
CONDITIONS OF USE, AND SUCH ACTION EXPRESSLY AND UNAMBIGUOUSLY MANIFESTS
CONSENT TO THE TERMS OF THIS AGREEMENT.
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