Rainmaker RSS: Terms of Use
These Terms of Use (these "Terms of Use") govern the use of the one or more RSS feeds that have been made available on this Web site (individually or collectively, the "RSS Feed"). By subscribing to, downloading and/or accessing the RSS Feed, you agree to be bound by these Terms of Use.
As used herein:
- "Rainmaker” means any of the divisions, business verticals, operating units or companies of Rainmaker Consulting, LLC, any member firm of Rainmaker, and any affiliated entity of Rainmaker Consulting, LLC.
- "Provider" means Rainmaker Communications, the Rainmaker Firm that operates this Web site and makes the RSS feeds available to you pursuant to these
Terms of Use.
- "Your Web site" means a Web site owned or controlled by you that accesses, downloads or displays the RSS Feed or any Content.
- "Content" means the headlines, summaries, active links and other information or materials that you receive via the RSS Feed.
These Terms of Use create a legally binding contract between you and Provider. These Terms of Use may be modified or amended by Provider from time to time, and any such modification or amendment shall be deemed effective immediately upon posting to this Web site. You must review the Terms of Use regularly so that you are aware of any such modifications. By continuing to subscribe to, download and/or access the RSS Feed after any modification, you agree to the Terms of Use as modified. If you are not willing to be bound by these Terms of Use, do not subscribe to, download and/or access the RSS Feed.
1. Grant of Permission
Subject to these Terms of Use, Provider grants you a limited, non-transferable, non-exclusive, revocable permission to download, access, and/or display the Content via the RSS Feed.
2. Use of Content
2.1 You shall not remove any copyright notices from any Content that you download, access and/or display in any medium.
2.2 With respect to any Content that you download, access, and/or display on Your Web site, you shall attribute such Content to Provider in the following form:
"Article/photograph/content from www.rainmakerllc.com. © Copyright 2009 Rainmaker, LLC", provided that you
shall, if applicable, change the year to reflect the then-current year.
2.3 You shall not, directly or indirectly, charge any fee whatsoever in exchange for the right to view or otherwise access the Content, nor shall you otherwise attempt to sell or license any Content.
2.4 In connection with the display on Your Web site of a headline or summary of any article or other item of content that is available on this Web site, you shall create a functional link back to such content. If it is not possible for you to create a functional link back to this Web site, you shall display on-screen the URL from which such content may be obtained.
2.5 You acknowledge and agree that Provider has absolute editorial control over all RSS Feeds and Content. You shall not change, edit, expand upon or summarize any Content or any other content on this Web site.
2.6 You shall not do anything that would suggest that Provider is affiliated or associated with, endorses, sponsors or approves of you, Your Web site or any person, entity, product, service, content, views or opinions related to you or Your Web site.
2.7 You shall advise users of or visitors to Your Web site that their downloading and/or accessing of any Content is subject to these Terms of Use.
2.8 Any Web site or other medium or material on which you display or make available any Content shall not contain any material that violates any right of a third party or any material that is libelous, defamatory, pornographic, obscene or otherwise contrary to law.
2.9 You shall refer any inquiries you may receive that relate to Provider, the RSS Feed and/or the Content to Provider at global.webmaster@rainmakerlc.com.
3. Ownership
3.1 You acknowledge and agree that all rights in and to the Content and the RSS Feed are exclusively owned by Provider or another Rainmaker Firm and you shall not challenge or interfere with Provider’s (or such other Rainmaker Firm’s) exclusive rights therein.
3.2 Nothing in these Terms of Use grants you any right to use Provider’s name, the name "Rainmaker," or any combination thereof, or any related name or logo, or any trademarks owned by Provider or another Rainmaker Firm, or any other intellectual property of Provider or another Rainmaker Firm, other than the limited permission to use the RSS Feed and Content set forth in Section 1 above. All rights not specifically granted herein are reserved to Provider or the applicable Rainmaker Firm.
4. Representations and Warranties
You represent and warrant that your use of Content shall at all times comply with all of the provisions set forth in Section 2 above.
5. Limitation of Liability
5.1 You acknowledge and agree that Provider makes RSS Feeds and Content available on an "as is" and "as available" basis. Your use of the RSS Feeds and Content is entirely at your own risk. Neither Provider nor any other Rainmaker Firm makes any representations or warranties of any kind, express or implied, in relation to any RSS Feed, any Content, or any other content on this or any other Web site, including without limitation any implied warranties of accuracy, fitness for a particular purpose and non-infringement.
5.2 Provider disclaims all implied warranties and assumes no responsibility for the accuracy, validity, timeliness, usefulness or completeness of any RSS Feed, Content, or other content provided or made available by Provider. To the maximum extent permitted by law, Provider excludes all liability to you for any loss or damage arising out of or in connection with your use, display or downloading of, or access to, any RSS Feed, Content or other content provided or made available by Provider, including without limitation any virus or other contamination due to such use, display or downloading.
5.3 The provisions of this Section 5 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence) or otherwise.
6. Indemnification
You hereby agree to indemnify and hold harmless Provider and each of the other Rainmaker Firms, and each of their partners, principals, shareholders, directors, officers, employees, agents and representatives, from and against any and all damages, costs and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or relating to your use of the RSS Feed and any Content, including without limitation any breach or alleged breach by you of these Terms of Use.
7. Termination
Provider reserves the right restrict, suspend or terminate your ability to use, download and/or access any RSS Feed or Content at any time, with or without notice, and without liability to Provider of any kind.
8. Miscellaneous
8.1 These Terms of Use constitute the entire agreement between you and Provider concerning the RSS Feed and Content, and supersede any and all other agreements, representations and understandings, whether written or oral, with respect thereto.
8.2 These Terms of Use may only be modified or amended by Provider. Any such modification or amendment shall be effective upon posting to this Web site. No other information, statement or communication, whether in oral, written, electronic or other form, whether on this Web site or elsewhere, that is obtained from Provider or any other Rainmaker Firm, or any of its or their personnel, shall modify or amend these Terms of Use.
8.3 If any provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law (a "Defective Provision"), then such Defective Provision shall be severable without affecting the enforceability of all remaining provisions, and a provision as similar to the Defective Provision as is permitted by law shall be substituted therefore.
8.4 These Terms of Use and your use, display or downloading of, or access to, any RSS Feed or Content shall be governed by the laws of the State of Florida, USA, without reference to principles of conflict of laws, and the Parties hereby submit to the jurisdiction and venue of the Federal and State courts situated in Florida with respect to any dispute arising hereunder. You and Provider each hereby agree to irrevocably waive your/its right to a jury trial in any action, proceeding or counterclaim (whether in contract, statute, tort (such as negligence) or otherwise) relating to these Terms of Use or the subject matter hereof.
8.5 Any failure or delay by either Provider or you in exercising rights under any provision of these Terms of Use shall not be construed as a wavier of those rights at any time now or in the future. Exercise or enforcement of a right or remedy given in this Agreement shall not be considered to be in lieu of enforcement of other rights or remedies otherwise existing at law or equity, unless specifically waived in writing.
8.6 No agency, partnership, franchise, or joint venture is created among or between Provider or any other Rainmaker Firm on the one hand, and You on the other, by these Terms of Use or your use of the RSS Feed or Content.
Contact us for additional information
global.webmaster@rainmakerllc.com
Page Last Updated: January 4, 2011
Source: Rainmaker Consulting, LLC (English)
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