Terms of Use/User Agreement
This page contains the Terms of Use/User Agreement ("Agreement") between you and
ReviewPage.com. ("ReviewPage.com") ("the Site"). You may wish to print this page
for reference.
This Agreement sets forth the terms and conditions for your use of this Site.
Your use of the Site constitutes your agreement to these terms and conditions.
Privacy Policy
Please review our
Privacy Policy which is a part of this Agreement and describes how
ReviewPage.com treats your personal information.
1. Your Rights.
ReviewPage.com grants you a non-exclusive, non-transferable, limited right to
access, use and display this Site and the materials provided hereon, and to
download or print content displayed on our Site provided that you comply fully
with this Agreement. The contents of the Site are only for your personal,
noncommercial use. You agree not to interrupt, or attempt to interrupt, the
operation of the Site or any part of it in any way.
2. Other Parties.
Other parties covered and protected under the terms of usage include
SeabirdNetwork.com as well as all websites included in the network of websites
called SeabirdNetwork.com.
3. Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software,
audio and video clips, databases, user submitted reviews and
ratings(collectively, the "Content") are owned or controlled by ReviewPage.com
or the party credited as the provider of the Content. The respective owner
retains all right, title, and interest in and to its Content. The Site and
Content are protected by the copyright and trademark laws of the United States
and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from,
transmit, sell, distribute, or in any way exploit the Site or any portion
thereof, including without limitation our user submitted reviews and ratings and
those user submitted reviews and ratings posted by other subscribers, for any
public and/or commercial use without the prior written permission of
ReviewPage.com.
You agree not to use any trademarks, service marks, names, logos, or other
identifiers of ReviewPage.com or its employees, licensors, independent
contractors, providers and affiliates (collectively, "Affiliates") without the
prior written permission of ReviewPage.com or the relevant Affiliate. In
addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of ReviewPage.com;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that ReviewPage.com sponsors or endorses or is
otherwise connected with your own activities, products, and services or those of
third parties.
©ReviewPage.com, and other related marks used on
this site are property of ReviewPage.com in the United States and other
countries.
4. Forums and Communications; License.
ReviewPage.com may make available to users of the Site e-mail notices,
newsletters, chat rooms, message boards, bulletin board services, user submitted
reviews and ratings tools, or other interactive communication facilities by
means of the Site (such facilities collectively referred to herein as the
"Forums"). You are solely responsible for the content of any transmissions you
make to the Site or any materials you add to the Site, including to any Forum
(the "Communications"). ReviewPage.com and its Affiliates do not endorse or
accept any Communication as their own or representative of their views. By
transmitting any public Communication to the Site, you grant ReviewPage.com an
irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free
license (with the right to sublicense) to use, reproduce, distribute, publicly
display, publicly perform, modify, edit, create derivative works from,
incorporate into one or more compilations and reproduce and distribute such
compilations, and otherwise exploit such Communications, in all media now known
or later developed. You warrant that you have the right to grant these rights to
ReviewPage.com. You hereby waive all rights generally known as "moral rights" in
your Communications (including your Reviews), to the extent they can be waived,
under any existing or future law of any jurisdiction.
5. Public Communications.
You acknowledge and agree that any Communications, including Reviews described
in Section 8, made to or by means of any Forum are public. You acknowledge that
you have no expectation of privacy in any public Communication and no
confidential, fiduciary, contractually implied or other relationship is created
between you and ReviewPage.com by reason of your transmitting a public
Communication to any Forum on the Site.
6. Communicating on or to the Site.
ReviewPage.com cannot review all Communications made on or through the Site.
However, ReviewPage.com reserves the right, but has no obligation, to monitor
the Forums and edit, modify or delete any Communications (or portions thereof)
which ReviewPage.com in its sole discretion deems inappropriate, offensive or
contrary to any ReviewPage.com policy, or that violate this Agreement.
To help ReviewPage.com maintain a safe and civil environment, you agree not to
upload or distribute to, or otherwise publish through the Site or Forums any
Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale
of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit,
threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or
statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal
rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including
copyright, patent and trademark rights), contract rights, trade secrets, privacy
or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects or uses any
information about Site visitors. You further acknowledge that conduct prohibited
in connection with your use of the Forums includes, but is not limited to,
breaching or attempting to breach the security of the Site.
Additional terms and conditions apply to the Review Tool Forum described in
Section 8 of this Agreement.
7. Unsolicited E-Mail.
You agree not to use the Forums or any other area of the Site to send the same
or substantially similar unsolicited electronic mail messages, whether
commercial or not, to a large number of recipients. This prohibition includes
sending unsolicited mass mailings from another Internet service which in any way
involves the use of the Site or any equipment owned or operated by
ReviewPage.com in connection with the Site. A message is unsolicited if it is
posted in violation of a USENET or newsgroup charter and/or if it is sent to a
recipient who has not requested or invited the message. For purposes of this
provision, merely making one's e-mail address accessible to the public shall not
constitute a request or invitation to receive messages.
8. User Submitted Reviews and Ratings.
The ReviewPage.com Site offers subscribers a Forum consisting of a third-party
product review and ratings tool ("Review Tool"), whereby subscribers may submit
reviews and ratings of businesses, websites, or people (collectively, "Reviews")
and/or read reviews and ratings submitted by other Site subscribers.
BY ACCESSING, BROWSING OR USING THE REVIEW TOOL ON THE SITE, YOU AGREE TO BE
BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR
OTHERWISE USE THE REVIEW TOOL, INCLUDING THE SUBMISSION OF ANY REVIEWS.
You are solely responsible for all Reviews that you upload, post, email or
otherwise transmit via the Review Tool.
Liability Disclaimer for Reviews. ReviewPage.com is not liable for any
statements, representations, descriptions, comments, or opinions provided by
subscribers in Reviews posted on the Site. Reviews are displayed for
entertainment and informational purposes only. ReviewPage.com cannot guarantee
the accuracy, integrity, or quality of Reviews. Under no circumstances will
ReviewPage.com or any third-party providers of the Review Tool be liable in any
way for any Review, including, but not limited to, any errors or omissions in
any Review, or any loss or damage of any kind incurred as a result of the use of
the Review Tool or the use of any content posted in a Review.
With respect to your conduct while using the Review Tool, you agree not to:
-attempt to disguise the origin of any content transmitted to the
Review Tool;
act in any manner that could negatively affect other users' ability
to use the Review Tool;
-impersonate any person or entity, including, without limitation, a
moderator or a manufacturer or owner of any product, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
-upload, post or otherwise transmit any content that:
--is not relevant to the product, service, person or entity being
reviewed or rated;
--you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as, but not limited to,
inside information, copyrighted material, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); or
--is unsolicited or unauthorized advertising, promotional
material, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation.
In addition to the grant of rights described in Section 4 above, by transmitting
Reviews to the Site via the Review Tool, you hereby grant ReviewPage.com the
right to use on the Site the user name, identifier, or any portion thereof,
submitted in connection with such Reviews, if ReviewPage.com so chooses.
You further represent and warrant that (i) the Reviews you submit are either
original to you, or all third party rights have been fully cleared for use as
contemplated by this Agreement; (ii) such Reviews do and will not, in any way,
violate or breach any of the terms of this Agreement, and (iii) ReviewPage.com
shall not in any circumstance be required to pay or incur any sums to any person
or entity as a result of its use or exploitation of the Reviews.
Once Reviews are submitted to the Site, ReviewPage.com may take any or no action
with respect to such Reviews, including, without limitation, deleting, editing,
modifying, rejecting, or refusing to post such Reviews with no notice and at
ReviewPage.com's sole discretion. ReviewPage.com may use your user name and
geographical location to attribute authorship of Reviews to you.
Waiver of "Moral Rights". If it is determined that you retain "moral
rights" (including rights of attribution or integrity) in the Reviews in spite
of the waiver of moral rights described in Section 4, you agree and warrant that
(a) you do not require that any personally identifying information be used in
connection with the Reviews; (b) you have no objection to the publication, use,
modification, deletion and exploitation of the Reviews on the Site; and (c) you
forever release ReviewPage.com and its successors and assigns, from any claims
that you could otherwise assert against them by virtue of any such moral rights.
System and Network Security and Integrity. You are prohibited from
violating the security of any system or network comprising the Review Tool. Such
violations may result in criminal and civil liability.
Enforcement. Notwithstanding anything to the contrary in this
Agreement, ReviewPage.com reserves the right to investigate any misuse of the
Review Tool, or its systems, equipment or network. ReviewPage.com reserves the
right to screen, edit, modify, remove or disable access to any content that
violates these provisions or that ReviewPage.com deems objectionable.
ReviewPage.com reserves the right to screen Reviews for standard errors,
profanity, indecency, mistakes, relevancy, and potential violation of
third-party personal or proprietary rights (such as infringement of intellectual
property rights, defamation, etc.). Without limitation of the foregoing,
ReviewPage.com reserves the right to report any activity or persons (including
the disclosure of appropriate user information) to appropriate law enforcement
officials, regulators, or other appropriate third parties that ReviewPage.com
suspects has violated any law or regulation. ReviewPage.com also may cooperate
with appropriate law enforcement agencies to assist in the investigation and
prosecution of any illegal conduct.
9. E-mails from ReviewPage.com
By joining ReviewPage.com you hereby allow us to contact you via e-mail whenever
we wish for any reason. This is important as we must inform you of changes
to the website or changes to our terms of use or privacy statement or any other
reason.
10. Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other
proprietary rights of third parties. When Site visitors post content on our
Site, of course, we are unable to monitor the copyright ownership of all posted
content. If at any time you believe that any content on our Site infringes your
copyrighted material, then you may request the content be removed from the Site
in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures
described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C.
§512(c)(3) ("Notice") to the agent we have designated:
ReviewPage.com Legal Department
Telephone: 412.551.8970 Email: legal@reviewpage.com
To comply with the Copyright Act, your Notice must be in writing and must
include:
(i) A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(iii) 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 us to locate
the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an electronic mail address at
which you may be contacted;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove
the identified material promptly. We will promptly take reasonable steps to
inform the user who posted the allegedly infringing material (the "alleged
infringer") of the Notice and subsequent removal. The alleged infringer may then
provide us with a counter-notice ("Counter-Notice") that the initial
infringement notice was erroneous. Such Counter-Notice must be in writing and
must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled
and the location at which the material appeared before it was removed or access
to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a
good-faith belief that the material was removed or access to it disabled as a
result of error;
(iv) The alleged infringer's name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that
the alleged infringer consents to service of process from the complaining party
or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and
restore the material within 10 to 14 business days of receipt of the
Counter-Notice unless you inform us that you have filed an action seeking a
court order to restrain the allegedly infringing party from engaging in
infringing activity relating to the material on our Site.
11. Your password.
As part of the registration process you will select a password. This password is
for your individual use only. You are solely responsible for maintaining the
confidentiality of any password you use to access the Services, and agree that
ReviewPage.com will have no obligations with regard thereto.
12. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other
information displayed or distributed through the Site, including the Reviews, is
at your sole risk. ReviewPage.com reserves the right, in its sole discretion and
without notice, to correct any errors or omissions in any portion of the Site,
or to deny access to the Site to anyone at any time. You acknowledge and agree
that ReviewPage.com is not responsible for any materials posted by users of the
Site. Prior to purchasing any third-party products or services described on the
Site, you are advised to verify pricing and other information. Neither
ReviewPage.com nor its Affiliates shall have any liability arising from your
purchases of third-party goods or services based upon the information provided
on the Site.
13. No-Commercial Use Policy.
You agree to use the Site, Forums and Services only in a noncommercial manner
and in compliance with ReviewPage.com's No-Commercial Use Policy. You
specifically agree not to post, transmit or otherwise distribute to the Site
(including without limitation to any Forum) any material containing any
solicitation of funds, advertising or solicitation for goods or services. We
encourage you to report any apparent violation to us: Write to ReviewPage.com 88
South 14th Street Pittsburgh PA 15203.
REVIEWPAGE.COM NO-COMMERCIAL USE POLICY
Published information from ReviewPage.com, including our Ratings and Reports, is
intended solely for the benefit of our subscribers and other consumers, in order
to help them make informed choices and decisions about consumer products,
services, and other consumer matters. Such information may not be used by others
in advertising or to promote a company's product or service. In addition, this
policy precludes any commercial use of any of ReviewPage.com's published
information in any form, or of the names of © ReviewPage.com, or any other of ReviewPage.com's publications or services,
without our express written permission.
14. Links to Other Sites.
The Site may contain links and pointers to other sites on the Internet which may
be maintained by third parties. Such links do not constitute an endorsement by
ReviewPage.com or its Affiliates of any third-party site or any materials
contained therein. ReviewPage.com and its Affiliates do not control, and are not
responsible for, the availability, accuracy, privacy policy, or currency of such
third-party sites or any information, content, products or services accessible
from such third-party sites.
15. Age Restrictions.
You represent and warrant to ReviewPage.com that you are at least eighteen (18)
years old and that you possess the legal right and ability to enter into this
Agreement and to use the Site in accordance with this Agreement.
16. User Concerns or Questions
Any concerns or questions that a user may have should be directed to the
webmaster at webmaster@reviewpage.com.
17. Indemnification.
You hereby agree to indemnify, defend and hold harmless ReviewPage.com and its
Affiliates from and against any and all liability and costs incurred by
ReviewPage.com or the Affiliates in connection with any claim arising out of any
breach or alleged breach of any of your representations, warranties or
obligations set forth in this Agreement. You shall cooperate as fully as
reasonably required in the defense of any claim. ReviewPage.com reserves the
right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of ReviewPage.com.
18. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON
OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE."
ReviewPage.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE
FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTIRCULAR
CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE
SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ReviewPage.com AND ITS AFFILIATES
DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTIRCULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN
DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY.
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF
LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION
SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL ReviewPage.com OR ITS AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY
PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE
CONTENT FOR ReviewPage.com OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS,
LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
YOUR USE OF OR INABILITY TO USE THIS SITE OR THE FEE-BASED SERVICES, EVEN IF
ReviewPage.com, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR
NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING
NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF ReviewPage.com AND ITS AFFILIATES HEREUNDER IS LIMITED TO
THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE FEE-BASED
SERVICES. YOU HEREBY RELEASE ReviewPage.com AND ITS AFFILIATES FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE
KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
20. Termination.
In addition to any other rights of the parties set forth herein, ReviewPage.com
may cancel or terminate this Agreement at any time. ReviewPage.com also reserves
the right to restrict, suspend or terminate your access to the Site in whole or
in part, without notice, with respect to any breach or threatened breach by you
of any portion of this Agreement. If ReviewPage.com terminates this Agreement
(and therefore your access to the Site) based on a breach of any portion of this
Agreement, ReviewPage.com reserves the right to refuse to provide access to the
Site or a subscription or any Services to you in the future.
21. Modifications
(a) To the Agreement.
ReviewPage.com has the right to modify this Agreement and any policies affecting
the Site, including without limitation the No-Commercialization Policy. Any
modification is effective immediately upon posting to the Site or distribution
to you via electronic mail or conventional mail. Your continued use of the Site
following notice of any modification to this Agreement shall be conclusively
deemed an acceptance of all such modification(s). Your only right with respect
to any dissatisfaction with any modifications made pursuant to this provision,
or any policies or practices of ReviewPage.com in providing the Site, including
without limitation
(i) any change in the Content
(b) To the Site.
ReviewPage.com has the right to modify, suspend or discontinue the Site or any
portion thereof at any time, including the availability of any area of the Site,
including without limitation the Services. ReviewPage.com may also impose limits
on certain features and services or restrict your access to parts or all of the
ReviewPage.com Site without notice or liability.
22. General.
This Agreement constitutes the entire agreement between you and ReviewPage.com
with respect to the Site and, if applicable, the Services and supersedes all
prior agreements between you and ReviewPage.com. Failure by ReviewPage.com to
enforce any provision of this Agreement shall not be construed as a waiver of
any provision or right. Interpretation and enforcement of this Agreement shall
be governed by the laws of the state of Pennsylvania (excluding its choice of
law rules). In any such action, the prevailing party shall be entitled to
recover all legal expenses incurred in connection with the action, including but
not limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees. In the event that any portion of this Agreement is held
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions shall remain in full force and
effect.
© 2007-2008 ReviewPage.com
Last updated on January 10th, 2007.
________________________________________
Subscribing to ReviewPage.com or otherwise using our Site indicates your
agreement to the terms and conditions set forth above.
Terms of Use