ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
The RCA Institute may provide you with access to a variety of resources, including communication forums, databases and download areas for published works such as white papers, points of view, articles and information such as research (collectively "Collaboration Services"). The Collaboration Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Membership Agreement.
Information, materials, media, files, communications, and documents that are posted by users in conjunction with Collaborative Services are referred to collectively as "Collaborative Content." The group of persons among which the collaboration and file and information sharing takes place is referred to herein as the "Members." All other user-supplied information, materials, files, media, communications, and documents are referred to collectively as "User Content." "RCA Institute Content" means all Materials provided by the RCA Institute. Collaborative Content, User Content, and RCA Institute Content may have different restrictions and conditions associated with them.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Collaboration 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 Collaboration Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Collaboration Services ("Software") is the copyrighted work of the RCA Institute and/or its suppliers, subcontractors, business partners or Members. 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, THE RCA INSTITUTE 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, THE RCA INSTITUTE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THE RCA INSTITUTE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE OR IN THE RCA INSTITUTE SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software, which is downloaded from the Collaboration 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.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, points of view, press releases, datasheets and articles) from the Collaboration Services is granted, provided that (1) the below copyright notice appears in all copies and that both any stated or existing copyright notices be acknowledged and this permission notice appear, (2) use of such Documents from the Collaboration 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.
Use of The RCA Institute Content and User Content- excluding Research details and results. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print RCA Institute Content, Collaborative Content and User Content available on this Site subject to the following conditions:
The RCA Institute Content, Collaborative Content and User Content may be used solely for personal and informational purposes.
The RCA Institute Content, Collaborative Content and User Content may not be modified or altered in any way.
The RCA Institute Content, Collaborative Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in RCA Institute Content, Collaborative Content and User Content.
The RCA Institute reserves the right to revoke the authorization to view, download, and print RCA Institute Content, Collaborative Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from the RCA Institute.
The rights granted to you constitute a license and not a transfer of title.
Research detail and results are presented by the RCA Institute with permission and are expressly excluded from use (personal non-commercial or otherwise) by casual web browsers, visitors or Members to the Site.
EXCLUSION FOR CERTAIN USES: Research details and research results provided on this site are not subject to the above notice of use. The research information is used by the RCA Institute with permission and may not be copied, duplicated, printed or used by a Member or any member of the public for personal or non-commercial purposes without the explicit written consent of the author.
Documents, content, information, images and graphics specified above do not include the design or layout of the RCA Institute Web site or any other RCA Institute owned, operated, licensed or controlled site. Elements of the RCA Institute 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 the RCA Institute Web site may be copied or retransmitted unless expressly permitted by the RCA Institute in writing.
WARRANTIES AND DISCLAIMERS – DOCUMENTS AND INFORMATION
THE RCA INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, DOCUMENTS, RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES AND PRODUCTS FOR ANY PURPOSE. ALL SUCH MATERIALS, DOCUMENTS, RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE RCA INSTITUTE 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 THE RCA INSTITUTE 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 MATERAILS, SERVICES AND/OR PRODUCTS.
THE MATERIALS, DOCUMENTS, RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES AND PRODUCTS PRESENTED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE RCA INSTITUTE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS, DOCUMENTS, RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES AND PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Use of Downloadable User Content. Members and other persons registered to use the Collaborative Services may do so in any manner that has been agreed upon by the Member providing such Content. It is your sole responsibility to determine what limitations, if any, are placed on your use of such User Content. If you obtain access to materials created or used by others in conjunction with the Collaborative Services, you have no right to use such materials in any way. You also acknowledge that the RCA Institute has no liability of any kind should Members modify, destroy, corrupt, copy, change, misrepresent, or distribute your Content.
NOTICES REGARDING PRODUCTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL THE RCA INSTITUTE 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 ON THE SITE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
The Collaboration Services requires you to purchase individual or corporate RCA Institute Membership; you must complete the Member registration process by providing us with current, complete and accurate information as prompted by the applicable forms. You also will choose a password and a user name (a valid email address). You are entirely responsible for maintaining the confidentiality of your user name and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the RCA Institute immediately of any unauthorized use of your account or any other breach of security. The RCA Institute 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. You are responsible for maintaining the confidentiality of your user name (the email address you provide) and/or password, if applicable. You are responsible for damages resulting from all uses of your user name and/or password, whether actually or expressly authorized by you, unless access to your user name and/or password was obtained through no fault or negligence of your own. You may not use anyone else's account at any time.
LICENSE TO THE RCA INSTITUTE FOR USER CONTENT
Certain Services offered through this Site relate to or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant the RCA Institute one of the following types of licenses:
For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using the RCA Institute products or concepts, you grant the RCA Institute a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant the RCA Institute the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such Content is removed from the Site and you notify the RCA Institute accordingly through this Site. If you submit User Content, you acknowledge that such content may be modified and annotated, and the RCA Institute may display the User Content together with such modifications and annotations. You acknowledge and agree that any User Content you submit to the RCA Institute may be downloaded, modified, reproduced, and distributed by Members to this Site.
For User Content such as comments to the RCA Institute or suggestions, you grant the RCA Institute and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that the RCA Institute is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; (d) we believe it necessary in order to protect the rights of the RCA Institute or others; or (e) you upload the User Content to a section of the Site with your name explicitly or implicitly associated with such User Content.
LICENSE TO THE RCA INSTITUTE FOR COLLABORATIVE CONTENT
For Collaborative Content that is intended to be accessible only to Members to Collaborative Services, you grant the RCA Institute the right to copy, display, distribute, and otherwise use such Collaborative Content in connection with operation of the RCA Institute service. You agree that the RCA Institute may access and/or disclose such Collaborative Content if the RCA Institute has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the service; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect the RCA Institute or others from liability or damages. The RCA Institute has no obligation to retain Collaborative Content once the applicable Membership Agreement has expired or has been terminated, and you agree that the RCA Institute shall not be liable for any failure to store Collaborative Content after such expiration or termination.
You may submit only User Content or Collaborative Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libellous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Collaboration Services, you will not use the Collaboration Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Collaboration Services in any manner that could damage, disable, overburden, or impair any the RCA Institute server(s), or the network(s) connected to any the RCA Institute server(s), or interfere with any other party's use and enjoyment of any Collaboration Services. You may not attempt to gain unauthorized access to any Collaboration Services, other accounts, computer systems or networks connected to any the RCA Institute server(s) or to any of the Collaboration 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 Collaboration Services.
MANAGING CONTENT AND COMMUNICATIONS
The RCA Institute may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, the RCA Institute will have no liability related to User Content or Collaborative Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The RCA Institute also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Collaborative Content.
USE OF SERVICES
The Collaboration Services may contain message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Collaboration Services"). You agree to use the Communication Collaboration Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service and the substance and intent of the RCA Institute. By way of example, and not as a limitation, you agree that when using the Communication Collaboration Services, you will not:
Use the Communication Collaboration 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 Collaboration 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 Collaboration 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 Collaboration 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 Collaboration Services or other user or usage information or any portion thereof.
The RCA Institute has no obligation to monitor the Communication Collaboration Services. However, the RCA Institute reserves the right to review materials posted to the Communication Collaboration Services and to remove any materials in its sole discretion. The RCA Institute reserves the right to terminate your access to any or all of the Communication Collaboration Services at any time, without notice, for any reason whatsoever. The RCA Institute reserves the right at all times to disclose any information as the RCA Institute 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 the RCA Institute's sole discretion.
Always use caution when giving out any personally identifiable information about yourself in the Collaboration Services. The RCA Institute does not control or endorse the content, messages or information found in all Collaboration Services and, therefore, the RCA Institute specifically disclaims any liability with regard to the Collaboration Services and any actions resulting from your participation in any Collaboration Services. Members are not authorized RCA Institute spokespersons, and their views do not necessarily reflect those of the RCA Institute. Materials uploaded to the Collaboration 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 THE RCA INSTITUTE OR POSTED AT THE RCA INSTITUTE WEB SITES
The RCA Institute does not claim ownership of the materials you provide to the RCA Institute (including feedback and suggestions) or post, upload, input or submit to any Collaboration Services or its associated services for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting the RCA Institute, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all the RCA Institute Collaboration 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 Collaboration Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. The RCA Institute is under no obligation to post or use any Submission you may provide and the RCA Institute 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 this Membership Agreement 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 and /or that comprises text in whole or in part ("Content"), you warrant and represent that (a) you are the copyright owner of such content, or that the copyright owner of such content has granted you permission to use such content and/or content contained in such postings are consistent with the manner and purpose of your use and as otherwise permitted by this Membership Agreement and the Collaboration Services, (b) you have the rights necessary to grant the licenses and sublicenses described in this Membership Agreement, and (c) that each person or their work represented in such content, if any, has provided consent to the use of the content as set forth in this Membership Agreement, including, by way of example, and not as a limitation, its distribution, public display and reproduction. By posting content and/or information you are granting to all Members (for each such image or file available) permission to use your content in connection with the use, as permitted by this Membership Agreement, of any of the Collaboration Services, (including, by way of example, and not as a limitation, making prints which include such content), 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 content without having your name attached to such content, and the right to sublicense such rights to any supplier of the Collaboration Services. The licenses granted in the preceding sentences for content will terminate at the time you completely remove such content from the Collaboration Services and post a notice to such effect in the RCA Institute Discussion Forum, provided that, such termination shall not affect any licenses granted in connection with such content prior to the time you completely remove such content. No compensation will be paid at any time with respect to the use of your content.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT