Note: TECHWHIRL does not rent, sell, or otherwise disclose any information you provide through your TECHWHIRL list subscription or site visits. Although we have been asked in the past to provide such information, we have not and will not make your information available to any third party. The TECHWHIRL Terms of Service, following, further provides for your privacy:
By using the TECHWHIRL web site and the e-mail discussion list known as “TECHWHIRL or TECHWR-L” (collectively, “TECHWHIRL”), you signify your assent to these Terms of Service. If you do not agree to all of these Terms of Service of use, please do not use TECHWHIRL.
TECHWHIRL is an online service for technical communicators, professionals and students in related fields and is provided by INKtopia Limited. INKtopia reserves the right to revise and update these Terms and Conditions at any time by posting such revised Terms of Service at http://www.TechWhirl.com/tos. Your continued usage of TECHWHIRL will mean you accept those changes.
The materials available on TECHWHIRL (the “Materials”) are protected by United States and other copyright laws. The copyrights in individual works on the TECHWHIRL site are owned either by INKtopia Limited or by contributors to TECHWHIRL, and the selection, arrangement and presentation of all Materials, and the overall design of TECHWHIRL, are copyright © 2011 INKtopia Limited. All rights reserved. Permission is granted to view and print Materials from TECHWHIRL for the non- commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or Materials on the site, whether in electronic or hard copy form, without the express prior written permission of INKtopia Limited, is strictly prohibited.
“TECHWHIRL,” “INKtopia” and the TECHWHIRL logo are trademarks or service marks of INKtopia Limited.
4. TECHWR-L List.
The TECHWR-L e-mail list is unmoderated. However, INKtopia Limited reserves the right to engage in such moderation, including without limitation the right to edit, refuse to post, or remove any postings to the TECHWR-L e-mail list (“Postings”).
All Postings are the sole responsibility of the person who transmitted such Postings. INKtopia Limited does not guarantee the accuracy of such Postings.
You agree that you will not use the TECHWR-L e-mail list to:
(a) transmit any Postings that infringe any copyright, trademark, trade secret, patent or any other proprietary rights of any non- consenting third party;
(b) transmit any Postings that are unfair, inaccurate or defamatory of any person or entity;
(c) transmit any Postings that are threatening, abusive, harassing, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) impersonate any person or entity;
(e) transmit any Postings that contain unsolicited or unauthorized advertising (including job postings), promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(f) transmit any Postings that contain 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; or
(g) collect, store or use for any purpose whatsoever any personal or aggregate data about or from other users.
INKtopia Limited does not claim ownership of your Postings. Of course, by the very nature of your participation in the TECHWR-L list, INKtopia Limited assumes that you intend and expect INKtopia Limited to reproduce your Postings by distributing them to other members of the list and by making them generally available to the technical communications community. Therefore, by transmitting Postings to TECHWR-L, you automatically grant — or warrant that the owner of such Postings has expressly granted — to INKtopia Limited a royalty-free, perpetual, worldwide license to reproduce, create derivative works from, distribute and display publicly such Postings in any media now known or later developed.
YOU EXPRESSLY AGREE THAT USE OF ANY SERVICES OFFERED BY TECHWHIRL– INCLUDING BUT NOT LIMITED TO THE MATERIALS AND THE POSTINGS — IS AT YOUR SOLE RISK. TECHWHIRL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
INKTOPIA LIMTED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
INKTOPIA LIMITED MAKES NO WARRANTY THAT TECHWHIRL WILL MEET YOUR REQUIREMENTS, OR THAT TECHWHIRL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DOES INKTOPIA LIMITED MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM TECHWR- L OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH TECHWHIRL.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM TECHWHIRL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR POSTINGS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TECHWHIRL IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOADING OF ANY FILES ON THE SERVICE OR ANY EXTERNAL LINKS AVAILABLE ON THE SERVICE.
6. Limitation of Liability.
INKTOPIA LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, TECHWHIRL, THE MATERIALS OR THE POSTINGS, OR RESULTING FROM THE USE OR THE INABILITY TO USE TECHWHIRL, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF INKTOPIA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless INKTOPIA LIMITED and its shareholders, directors, officers, agents, employees, affiliates and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of TECHWHIRL or any violation of these Terms of Service by you.
8. Governing Law and Jurisdiction.
This agreement shall be governed by and construed solely and exclusively in accordance with the laws of the state of Colorado, without reference to its conflicts of law principles. Any and all disputes between the parties that cannot be settled by mutual agreement shall be resolved solely and exclusively in the local and federal courts located in or near Thornton, CO, and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto, including without limitation, on the basis of improper venue or forum non convenient.
Except as expressly provided in a particular legal notice posted by INKtopia Limited on TECHWHIRL, these Terms of Service constitute the entire agreement between you and INKtopia Limited with respect to the use of TECHWHIRL and the Postings. INKtopia Limited’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. INKtopia Limited may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
INKtopia Limited reserves the right to terminate your account or restrict your right to create Postings at any time, for any reason or for no reason. In particular, and without limitation, INKtopia Limited may terminate the account of any user who violates any of these Terms of Service or of any user who violates the rights of INKtopia Limited, of any other user, or of any third party.
11. Contact Information.
Questions or comments regarding TECHWHIRL, and notifications of claimed copyright infringement pursuant to 17 U.S.C. Section 512, should be directed to the site administrators at admin@Techwhirl.com or by U.S. mail to INKtopia, Limited, attn: TECHWHIRL Usage, 11531 Delores Ferguson Lane, Charlotte, NC 28277.