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Ragial.com Terms of Service

1. Definitions.

"Ragial" is the interactive on-line service operated at Ragial.com on the World Wide Web of the Internet, consisting of information services and content provided by Ragial.com and third parties. "User" means each person who establishes or accesses a connection for access to and use of Ragial.

2. General.

(A) By using Ragial (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Ragial is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

(B) Ragial shall have the right at any time to change or discontinue any aspect or feature of Ragial, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

Ragial shall have the right at any time to change or modify the terms and conditions applicable to User's use of Ragial, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Ragial, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of Ragial by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. User Conduct.

(A) User shall use Ragial for lawful purposes only. User shall not post or transmit through Ragial any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Ragial's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Ragial's discretion restricts or inhibits any other User from using or enjoying Ragial will not be permitted. User shall not use Ragial to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other on-line information services competitive with Ragial.

(B) Ragial contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Ragial are copyrighted as a collective work under the United States copyright laws. Ragial owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Ragial and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on Ragial any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Ragial, User automatically grants, or warrants that the owner of such material has expressly granted Ragial the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Ragial the right to edit, copy, publish and distribute any material made available on Ragial by User.

(D) The foregoing provisions of Section 4 are for the benefit of Ragial and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty; Limitation of Liability.

(A) USER EXPRESSLY AGREES THAT USE OF RAGIAL IS AT User'S SOLE RISK. NEITHER RAGIAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Ragial WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RAGIAL, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RAGIAL.

(B) RAGIAL IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) IN NO EVENT WILL RAGIAL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RAGIAL OR THE RAGIAL SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Ragial. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT RAGIAL.

6. Monitoring.

Ragial shall have the right, but not the obligation, to monitor the content of Ragial, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Ragial and to satisfy any law, regulation or authorized government request. Ragial shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Ragial. Without limiting the foregoing, Ragial shall have the right to remove any material that Ragial, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

7. Indemnification.

User agrees to defend, indemnify and hold harmless Ragial, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Ragial by User or User's Account.

8. Termination.

Either Ragial or User may terminate this Agreement at any time. Without limiting the foregoing, Ragial shall have the right to immediately terminate User's Account in the event of any conduct by User which Ragial, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 4(B), 4(C), 5, 7, 9 and this Section 8 shall survive termination of this Agreement.

9. Trademarks.

Ragial and its logo are trademarks of Ragial.com. All rights reserved. All other trademarks appearing on Ragial are the property of their respective owners.

10. Miscellaneous.

This Agreement and any operating rules for Ragial established by Ragial constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Massachussetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

11. Copyrights

Ragial respects the rights of all copyright holders.

For copyright issues, please contact [email protected]

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