Effective 11/1/2005, Last Modified 4/8/09
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Other Applicable Terms
Your conduct while using various services on the Site, including PowerReviews's product reviews and ratings service ("Review Service"), is governed by the PowerReviews.com Usage Agreement ("Usage Agreement"). In order to post any reviews on the Site by using the Review Service, you must register with the Site and agree to the terms of the Usage Agreement. The Usage Agreement shall govern in the event of, and to the extent of, any inconsistency with these Site Terms.
Copyright and License
All copyrighted and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2005 PowerReviews, Inc. and/or its licensors.
PowerReviews grants you a limited license to make personal use only of the Materials for your information purposes only. This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of PowerReviews or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks and Service Marks
"Power Reviews, "PowerReviews.com," "PowerReviews," and PowerReviews's logos are trademarks, service marks or registered trademarks of PowerReviews or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of PowerReviews or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without PowerReviews's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of PowerReviews, and may not be copied, imitated, or used, in whole or in part, without PowerReviews's prior written permission. All other PowerReviews names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PowerReviews.
If you believe your work or content has been copied and posted to the Site or the Review Service in a way that constitutes copyright infringement, please provide PowerReviews's copyright agent the following written information in accordance with the Digital Millennium Copyright Act (DMCA):
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. PowerReviews's DMCA Copyright Agent for notice of claims of copyright infringement on the Site is our General Counsel, who can be reached as follows:
22 Fourth Street, Suite 600
San Francisco, CA, 94103
Links and Third Party Content
PowerReviews or third parties may provide links on the Site to other sites or content. PowerReviews has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. PowerReviews provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Our terms and policies govern any time you visit the Site directly or indirectly through authorized third-party Web sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. POWERREVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. POWERREVIEWS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
POWERREVIEWS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Applicable Law and Venue
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Santa Clara County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
The Site and its services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not submit any reviews of products or services or any personal information to the Site or the Review Service.
Changes to these Terms
PowerReviews reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy of the Site, from time to time at any time and in its sole discretion. If PowerReviews decides to change these Site Terms or a Site policy, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to these Site Terms will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Site Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.