Information on Terms of Use
This document was last updated September
25, 2004.
ACCEPTANCE OF TERMS.
The services that RDSM provides to you are subject to the following Terms
of Use ("TOU"). RDSM reserves the right to update the TOU at
any time without notice to you. The most current version of the TOU can
be reviewed by clicking on the "Terms of Use" hypertext link
located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, RDSM provides you with access to
a variety of resources, including developer tools, download areas, communication
forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use
of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of RDSM and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first agrees to the
License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, RDSM
NV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, RDSM MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
RDSM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS
OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE
TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN RDSM SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is RDSM NV, Gaarveldstraat
83, 3500 Hasselt.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media,
and (3) no modifications of any Documents are made. Accredited educational
institutions, such as K-12, universities, private/public colleges, and
state community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the
RDSM.be Web site or any other RDSM owned, operated, licensed or controlled
site. Elements of RDSM Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any RDSM Web site
may be copied or retransmitted unless expressly permitted by RDSM.
RDSM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. RDSM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL RDSM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. RDSM AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
WEB SITE.
IN NO EVENT SHALL RDSM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also
will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You agree to notify RDSM immediately of any unauthorized
use of your account or any other breach of security. RDSM will not be
liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by RDSM or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any RDSM server, or the network(s) connected
to any RDSM server, or interfere with any other party's use and enjoyment
of any Services. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected to any
RDSM server or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through
the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You
agree to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not as a
limitation, you agree that when using the Communication Services, you
will not:
Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws
(or by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right
of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof.
RDSM has no obligation to monitor the Communication Services. However,
RDSM reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. RDSM reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
RDSM reserves the right at all times to disclose any information as RDSM
deems necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in RDSM's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. RDSM does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, RDSM specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts
are not authorized RDSM spokespersons, and their views do not necessarily
reflect those of RDSM.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO RDSM OR POSTED AT ANY RDSM WEB SITE.
RDSM does not claim ownership of the materials you provide to RDSM (including
feedback and suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission
you are granting RDSM, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of
their Internet businesses (including, without limitation, all RDSM Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection with
your Submission; and the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. RDSM is under no obligation to post or use any Submission
you may provide and RDSM may remove any Submission at any time in its
sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
of Use including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or
any content and/or images contained in such Images consistent with the
manner and purpose of your use and as otherwise permitted by these Terms
of Use and the Services, (b) you have the rights necessary to grant the
licenses and sublicenses described in these Terms of Use, and (c) that
each person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you are granting (a)
to all members of your private community (for each such Images available
to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items
which include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Images without having your name attached to such Images, and the right
to sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the
time you completely remove such Images from the Services, provided that,
such termination shall not affect any licenses granted in connection with
such Images prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement .
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE RDSM'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF RDSM AND RDSM IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. RDSM IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. RDSM
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY RDSM OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
RDSM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN RDSM'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO RDSM. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO RDSM OR ANYONE AT RDSM. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT RDSM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2004 RDSM NV, Gaarveldstraat 83, 3500
Hasselt, BELGIUM. All rights reserved.
TRADEMARKS. RDSM Online,RDSM Chat, and/or other RDSM products referenced
herein are either registered trademarks or trademarks of RDSM Corporation
in the U.S. and/or other countries. The names of actual companies and
products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association
with any real company, organization, product, domain name, e-mail address,
logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
RDSM Web properties, contact info@RDSM.be
Piracy questions can be routed to info@RDSM.be.
Last Updated: Saterday, September 25, 2004 - 11:30 GT
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