TERMS AND CONDITIONS OF USE
Last updated: May 15th, 2008
Welcome to Red Grove, a web-based application aimed at offering companies or individuals an online tool allowing them to create and share courses, tests, quizzes, exercises and documents of several formats. RedGrove has been created, designed and is managed by Red Dog Communications SA.
All use of this web site (the “Site”) and information distributed in conjunction with this Site is offered to you conditioned upon your acceptance, without modification, of these Terms and Conditions of Use. These Terms and Conditions of Use, as modified or amended from time to time, are a binding contract between Red Dog Communications SA (or RED DOG or "we") and You ("you" or “yours”). Your use of this Site or any content presented in any and all areas of the Site indicates your acknowledgement and agreement to be bound by these Terms and Conditions, including but limited to the Privay Policy, whether you are a visitor (simply browse the Site) or a “Member” (meaning you registered with RedGrove) . Please read the Terms and Conditions relating to your use of the site carefully. You are only authorized to use this Site if you agree to abide by all apllicable laws and these Terms and Conditions. If you do not agree with it, you should leave this Site immediately and discontinue use of Red Grove services.
You affirm that you are able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.
MODIFICATIONS TO TERMS
You understand and agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms on the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you agree with and accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. It is therefore important that you check back regularly to review these Terms and any updates thereto. If any change to these Terms and/or Privacy Policy is not acceptable to you, you should discontinue using Red Grove.
MODIFICATIONS TO SITE
You may use the Site only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect Red Dog's license to your Content as stated herein.
USE OF THE SITE, CONDUCT AND OBLIGATIONS
You agree to follow all applicable laws and regulations when using the Site.
The purpose of the Site is to provide access to a knowledge database and to offer companies and individuals an online tool allowing them to create and share courses, tests, quizzes, exercises and documents of several formats ( “Content”). Content is accessible either for free or after payment of a fee as stated for each Content on the Site. You can have access to the part of the Site database that provides you with essential information describing each document. Access to the full document through payement requires for you to register on the site.
The Content may be owned by Red Dog or may be provided through an arrangement it has with others. The Content is protected by copyright under both Luxembourg law and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content (unless You are the original author of the Content), and you will not use the Content except as permitted under these Terms and as specified in your account type ( advanced, premium or corporate). No other use is permitted without prior written consent from Red Dog or the original author. You must retain all copyright and other proprietary notices contained in the original Content on any authorized copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited.
The trademarks, service marks, and logos (collectively the “Trademarks”) used and displayed on this Site are registered or unregistered Trademarks of Red Dog. Other company, product, and service names located on the Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of Red Dog specific for each such use.
The Content and documents are for your personal use only and may not be used in connection with any commercial endeavors.
POSTING CONTENT ON THE SITE, REPRESENTATIONS AND WARRANTIES
To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You agree to provide accurate current and complete information during the registration process, when contributing Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable.
By displaying or publishing ("posting") any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively "Content"), you warrant and represent that
(a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Red Dog the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein;
(b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Content;
(c) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18) who appears and/or is heard in your Content to grant the rights to Red Dog described herein;
(d) you will make such permissions available to Red Dog upon request; and
(e) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Red Dog all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.
PROHIBITED CONTENT
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be:
(a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable, or which in any way constitutes or encourages conduct that would constitute a criminal offense, civil liability, or violation of any law;
(b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement;
(c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;
(d) unsolicited, undisclosed or unauthorized advertising;
(e) 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;
(f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or
(g) in violation of any applicable national or international law, regulation, or statute.
Red Dog reserves its right, but not the obligation, to refuse or transmit or post and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Red Dog has no obligation to monitor transmissions or postings made on the Site, but it does have the right to monitor these transmissions and postings from time to time for violations of these Terms and disclose, block or remove them.
OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. You hereby grant Red Dog a worldwide, royalty-free, non-exclusive license to reproduce, distribute, publicly perform and display the Content you post on the Site. These Terms do not prevent you from granting similar rights to others. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content, and that any decision to discontinue the display of Content shall not affect Red Dog's rights under the license that you grant pursuant to these Terms.
PROTECTION OF SITE CONTENT
Our Site is protected by intellectual property laws and you agree to respect them. Red Dog grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Red Dog has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. Red Dog reserves all other rights in the Content, on its own behalf and the behalf of its licensors (including contributors), and Red Dog does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from Red Dog or the contributor of the Content or other third-party owner of the rights in that Content (if any). You agree not to reverse engineer any Content consisting of downloadable software, unless specifically authorized by Red Dog or the third-party owner of the rights in that Content (if any) or otherwise permitted by law. Most content on this Site belongs to thirs-party owners and is displayed on our Site under various licences. Please contact owner if conditions are not clearly mentioned.
NOTIFICATION OF INFRINGEMENT
Red Dog respects the intellectual property right of others. Accordingly Red Groce has a policy of removing Content that violate copyright, rights of authors and trademark laws and/ or terminating in appropriate circumstances the account of any user who uses Red Groce in violation of intellectual property rights.
It is our policy to respond to clear notices of alleged copyright, authors right and/or trademark infringement.If you believe your copyright is being infringed by a user of Red Grove, please mail us at info@red-grove.com , under the subject: "Notice of Infringement", and describe your claims of copyright, rights of authors and/or trademark infringement with the following information to confirm these requirements :
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple copyrighted or trademarked works on the Red Grove web site are covered by a single notification, a representative list of such works at that site.
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Red Grove to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4.Information reasonably sufficient to permit Red Grove to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Red Grove will take all appropriate measures to remove illicit content from its web site as soon as possible in order to ensure lawful protection of intellectual property rights.
PROHIBITED CONDUCT
You agree not to do, or attempt to do, any of the following, subject to applicable law:
(a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable national or international law, regulation, or statute , contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(b) access, tamper with, or use services or areas of the Site that you are not authorized to access;
(c) alter information on or obtained from the Site;
(d) tamper with postings, registration information, profiles, submissions or Content of other users;
(e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters" (such as promotional materials or other solicitation material, bulk mailing of commercial advertising,charity requests, and petitions for signature) ;
(f) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Red Dog;
(g) impersonate or misrepresent your affiliation with any person or entity, forge anyone else’s signature; and collect, or attempt to collect, personal information about third parties without their consent.;
(h) reverse engineer, decompile or disassemble any aspect of the Site or do anything that might discover source code, or bypass, disable, interfere with, damage or circumvent measures employed to prevent or limit access to any area, content or code of the Site ;
(i) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as any virus, macro-virus, trojan, worm,"spyware," "adware" or other code or programs aimed at destroying, altering or perturbing the proper functioning of the Site, or any other computer or program and that could adversely impact the Site or any recipient; or
(j) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site, post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Red Grove experience.
Red Dog may take appropriate legal action for any illegal or unauthorized use of the Site. If you violate any part of these Terms, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
CHILDREN, PARENTS LIABILITY AND RESPONSILITIES
Parents and legal guardians are reminded that they are liable and responsible for minors and their actions and postings on the web. Please make sure they do respect these Terms and Conditions carefully, in particular but not limited to the Prohited Conduct, Prohibited Content and Privacy Policy sections. To best protect your child's privacy and to ensure a lawful use of our site as stated in these Terms , we suggest that you carefully supervise your child's access to the Internet and our website.
Payments made through this Red Grove should be made only by credit card owners themselves. We recommend you not to communicate your credit card number to minors in order to supervise its use on the Internet.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT RED DOG DOES NOT MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to remove any Content at any time after the posting of Content in case of notfication of infringment or judiciary notification of illicit Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other Users, are those of the respective author(s) or distributor(s) and not of Red Dog. Red Dog neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Red Dog employees acting in their official capacities.
DEALINGS WITH MERCHANTS;THIRD-PARTY LINKS
The Site may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Red Dog is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. In addition, Red Dog will not and cannot censor or edit the content of any third-party site. You use the links at your own risk. Red Dog's Privacy Policy is applicable only when you are on our Site and we cannot control the information disclosed at these thrid-party sites or how that information is used. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Red Dog and agree to hold Red Dog harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
PRIVACY POLICY
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site. If your Account is terminated, you may no longer have access to the copies of material or other Content you keep on the Site. The provisions entitled "Posting Content on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," and "Additional Terms" and the Privacy Policy will survive termination of these Terms. For the avoidance of doubt, Red Dog's license rights to Content will survive any termination of these Terms and will not be limited, restricted, reduced or otherwise negatively affected by any termination or other action described in this paragraph.
INDEMNIFICATION
As a condition of your access to and use of the Site, you agree to hold Red Dog and Red Dog's directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sublicensees and each of their respective successors and assigns harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms, the Privacy Policy, any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) Red Dog's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for Red Dog to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Red Dog disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Red Dog will have the right but not the obligation to resolve disputes between users relating to the Site and Red Dog's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Red Dog's resolution of a dispute will be final with respect to the Site.
DISCLAIMER OF WARRANTIES
THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM RED DOG, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. ALTHOUGH WE ARE DEDICATED TO OFFER YOU QUALITY CONTENT, WE CAN NOT GARANTEE AN UNLIMITED WARRANTY ON CONTENT. THEREFORE WE STRONGLY ADVISE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY RED DOG ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED DOG MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. RED DOG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RED DOG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, Red Dog makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The Content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither Red Dog, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the Content on the Site.
MEDICAL & HEALTH INFORMATION: The Content located on the Site should not be interpreted as medical or health advice. The Content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither Red Dog, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content on the Site.
LEGAL INFORMATION: The Content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither Red Dog, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the Content on the Site.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER RED DOG NOR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THE AGGREGATE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS TO YOU EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Red Dog will give you any notices by posting them on the Site. You authorize Red Dog to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Red Dog decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. Red Dog may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by Red Dog to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication, so you agree to send us any notice by mailing it to our address for Legal Notices: Red Dog Communications s.a. 595/L rue de Neudorf - L-2220 Luxembourg
ADDITIONAL TERMS
a. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.
c. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
e. No Assignment. These Terms are personal to you and you may not transfer, assign or delegate these Terms to anyone without the express written permission of Red Dog. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Red Dog will be null and void. Red Dog shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
f. Jurisdiction; Luxembourg’s law and the exclusive court jurisdiction of the Luxembourg’s courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
g. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
h. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
i. Entire Agreement. These Terms (including terms incorporated into them (e.g., the Privacy Policy)), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site comprise the entire agreement (the "Entire Agreement") between you and Red Dog with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver. The failure of Red Dog to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Red Dog's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
LEGAL NOTICES. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
Notice of Availability of Filtering Software (this provides information about commercially available parental control protections (such as filtering software) that may assist users in limiting access to Internet material harmful to minors).
Notice: No Harvesting or Dictionary Attacks Allowed.
Notice Re Trademarks (this provides notice regarding who owns the trademarks used on this Site and cautions users not to infringe them).
Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents).
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All Users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
RED DOG WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY RED DOG TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE RED DOG PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY RED DOG, PERSONS MAY VIOLATE THE LAW IF THEY: (1) INITIATE THE TRANSMISSION TO RED DOG COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE ; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The names of third parties and their products mentioned may be their trademarks. you may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © Red Dog Communications s.a. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
Please contact us at info@red-grove.com with any questions regarding the Terms and Conditions of Use.
I HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last updated: May 15th, 2008
