2. Privacy Statement
Any information provided by you or gathered by us or third parties during any visit to the Site is subject to the terms of our Privacy Statement, which is incorporated herein by reference. We encourage you to periodically read our Privacy Statement. In addition, if you purchase RYW Products through the Site via the Yahoo! Store, you will be required to provide certain personal information to Yahoo!, which will be subject to our Privacy Statement.
3. Product Purchases
Users may use certain portions of the Site to purchase products from RYW (“RYW Products) via the Yahoo! Store. All online transactions for the purchase of RYW Products through the Site and/or Yahoo! Store (each, a “Transaction”) shall be governed by RYW’s standard Terms of Sale for online Transactions as such Terms of Sale may be amended and in effect at the time of the Transaction, which are incorporated herein by reference. You should carefully review the Terms of Sale to determine whether such terms meet your needs.
Users may also use certain portions of the Site to link to our Vendors’ websites in order to purchase products or services directly from such Vendors. If you purchase products or services from a Vendor on the Vendor’s website, the Vendor, and not RYW, shall be responsible for all aspects of sales fulfillment generated from orders for Vendor’s services and/or products, including, without limitation, processing payments, shipping orders, providing order status information (such as confirmation and shipping status), ordering and stocking inventory, processing exceptions and returns, refunds and credits, and insuring shipments. RYW shall take no part in, and have no responsibility or liability for, Vendor sales transactions.
Certain areas of the Site require a password, and will require the user to register and provide certain data to RYW, and with respect to purchases of RYW Products via the Yahoo! Store, to Yahoo!. RYW may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to RYW: (a) the information about yourself is true, accurate, current, and complete as required by various RYW registration forms (“Registration Information”); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RYW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RYW has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with RYW’s Privacy Statement. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.
5. Termination or Modification of the Site
6. User Conduct
You warrant and agree that, in connection with your use of the Site, you will not:
1. violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
2. impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity, or use the Site domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service;
3. upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, industrial design, trade secret, confidentiality, moral rights, rights of privacy or publicity or any other proprietary right (collectively, “Rights”);
4. interfere with or disrupt the use of the Site, nor interfere with the use of the Site by any user nor “stalk”, threaten, harvest email addresses or other personal information from, or in any manner harass any other user, or use any Forum Information provided by other users for direct marketing or to transmit unsolicited email;
5. upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any “investment opportunities” (except as may be expressly permitted by the use of the Site);
6. upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site or that of other computer systems;
7. use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
8. upload, post, transmit, publish, link to or distribute any material or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that: (i) is libelous or defamatory, pornographic, sexually explicit, or unlawful or that encourages any of the foregoing; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or promotes bigotry, racism or harm against any group or individual; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or misappropriation of any third party’s Rights of any kind; (iv) promotes software or services that deliver unsolicited email, including without limitation, bulk email, surveys, contests, “junk mail,” “spam,” or chain letters; (v) disrupts or interferes with the security of, or otherwise abuses, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked programs or services; (vi) is subject to any restriction upon transmission under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); (vii) violates or encourages others to violate any applicable law, or (viii) contains direct links (by a single click) to web sites that contain information of the kind described in this definition (“Objectionable”); or
9. reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Site (including, but not limited to any materials or information accessible through the Site).
7. Use of Interactive Components of the Site; Release
8. General Practices Regarding Use and Storage
You acknowledge that RYW may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Forum Information will be retained by the Site, the maximum disk space that will be allotted on RYW’s servers on your behalf, and the maximum number of occasions (and the maximum duration for which) you may access the Site in a given period of time. You agree that RYW has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) RYW’s election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that RYW reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Unsolicited Idea Submission Policy
RYW and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes when RYW’s products or marketing strategies might seem similar to ideas submitted to RYW. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to RYW or anyone at RYW. If, despite this request, you still send us your ideas and such materials, please understand that RYW makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that RYW is free to use any concepts, know-how or techniques that you submit to RYW for any purpose.
10. Intellectual Property Rights
1. You acknowledge that you will not acquire any rights to any materials or information on the Site by downloading any such information or materials from the Site.
4. You shall not directly or indirectly, modify, translate, reverse engineer, or disassemble the Software except to the extent expressly permitted by applicable law and only to the extent that RYW and its third party licensors are not permitted by such law to exclude or limit such rights. Unless expressly permitted hereunder, you may not directly or indirectly (i) copy the Software; (ii) encumber, transfer, rent, lease, time-share or use the Software in any service bureau arrangement or provide any third parties access to the Software; (iii) distribute, manufacture, translate, localize, port, adapt or create derivative works of the Software; (iv) engage in any Objectionable behavior or use the Software to transmit or store any Objectionable materials; or (v) publish benchmark results relating to the Software, or disclose Software features, errors or bugs to third parties.
5. Any Software which is downloaded from the Site by or on behalf of the United States Government, its agencies and/or instrumentalities (the “Government”), is provided with Restricted Rights, as defined in FAR 52.227.19 (if for civilian agency use), and as defined in DFAR 227.7202 (if for Department of Defense use). The Government agrees that such Software is “commercial computer software” and use, duplication, or disclosure by the Government constitutes acknowledgment of RYW’s and its third party licensors’ proprietary rights, and is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227.7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227.19, as applicable. Manufacturer is RYW.
6. You may not access, download, use export, or re-export any portion of the Site, Software, Content (as defined below in Section 11), products, or services provided through the Site in violation of any export or other applicable laws, restrictions, and/or regulations of any United States or foreign agency or authority. You agree to affirmatively comply with all such laws, restrictions, and/or regulations. As between you and RYW, RYW owns all right, title and interest in and to (a) the RYW Site, and the underlying methodology and the copyrightable structure of the organization and presentation of the Site, including the Content and the Software; (b) Registration Information as described in this Agreement (subject to our Privacy Statement); and (c) all RYW trademarks and other intellectual property incorporated therein. RYW, the RYW logo and other marks are owned by RYW. All other marks and written material that appear throughout the RYW Site belong to RYW or the respective owners of such marks and content, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks or content appearing throughout Site without the express written consent of RYW or the owner of the mark or content, as appropriate, is strictly prohibited.
11. Use of Site Content
You may without our permission:
1) Download, view, copy, retransmit and print Content, but only if:
a) the Content is used solely for personal, informational, or internal business purposes;
b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
c) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
d) the Content is not modified or altered in any way; and
e) no graphics are used separately from accompanying text.
2) Link or hyper-link to the Site from any Qualified Site, but only if:
a) you notify us by email specifying the URL of each page from which you will be linking to our Site;
b) you do not frame the Site or any portion of the Site;
c) the link or hyper-link to the Site is not used in a way that suggests that RYW endorses you or your website;
d) the link is identified using a plain text rendering of the RYW name and not any trademark or RYW logo.
e) the link or hyper-link to the Site is not used or presented in any way that disparages RYW or tarnishes, blurs, or dilutes the quality of RYW’s names or trademarks or any associated goodwill;
f) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
“Qualified Site” means a website that displays no Objectionable content, is not owned or controlled by a competitor to RYW and the content of which is not competitive to the Site.
12. Third Party Issues
The Site offers information on and displays advertisements for products or services sold by persons not affiliated with us (each such person, a “Vendor”). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such Vendor product or service, whether presented on the Site or in a separate email from us or any third party to you. All matters concerning any Vendor product or service are solely between you and such Vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT OF ANY SUCH MATTER. We may provide links to websites, content and resources of third parties which are beyond our control. For example, if you want to purchase a product listed on the Site that is manufactured and/or sold by a Vendor, you will be linked to the Vendor’s website. We are not responsible for the content on the Internet or a World Wide Web page that is contained outside our Site. When you leave the Site and enter a Vendor or other third party website, or any other website, your rights and obligations will be governed by the agreements and policies of that website. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES OR THIRD PARTIES.
13. General Disclaimer of Warranties
While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site. RYW, its affiliates, consultants, associates, and other users may also provide advice as part of the Content on the Site (“Advice”). You agree that such Advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any Advice. You agree, in connection with any use of the Site: to release RYW and its officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Advice by or on behalf of you (including without limitation disputes of any kind with any parties dispensing Advice through the Site).
IF YOU INTEND TO USE ANY ADVICE OR INFORMATION OR TO PURCHASE ANY GOODS OR SERVICES ACCESSED THROUGH THE SITE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. ADVICE IS SUBJECT TO ALL OF TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH BELOW. USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF RYW OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
WARNING: Certain home improvement projects are inherently dangerous, and even the most benign tool, product, chemical or other material can cause serious injury or death if not used properly. ALWAYS READ AND FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly careful when dealing with electricity. Moreover, always use common sense. YOU EXPRESSLY AGREE TO HOLD US HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SITE OR CONTENT. No advice or information, whether oral or written, obtained by you from us or through the Site or Content, or RYW or its employees, consultants and/or experts shall create any warranty not expressly made herein.
14. Limitation of Liability
Certain product, service, or company designations for companies other than RYW may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where RYW is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512:
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 work claimed to have been infringed, or, if multiple copyrighted works at a single online 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
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; and
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.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Attn: Melissa Marchand
PO Box 290
Barnstable, MA 02630 USA
Tel. 877-848-8452 ext 2
Last Updated: December 2010