1. ACCEPTANCE OF TERMS
A person's use of IT • archiv and any of its Services at any time is subject to IT • archiv's current Terms of Service ("TOS"), which may be updated from time to time as set forth below. Each user can review the then-current TOS at any time at: http://www.javable.com/about/terms/.
IT • archiv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, IT • archiv or any Service thereon (or any part thereof) with notice to users and the public, or immediately in the event of technical difficulties. IT • archiv shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not IT • archiv, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via IT • archiv or any Service.
IT • archiv will not pre-screen or review Content, but IT • archiv reserves the right to refuse or delete any Content of which it becomes aware which it reasonably deems not to fulfill the Purpose. In addition, IT • archiv shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. IT • archiv does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will IT • archiv be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via IT • archiv or any Service thereon.
Each user, by using IT • archiv or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Licensing and Other Terms Applying to Code and Other Content Posted on IT • archiv:
Text or data entered into and stored by publicly-accessible site features such as message boards ("IT • archiv Public Content"), the submitting user retains ownership of such IT • archiv Public Content. In each such case, the submitting user grants IT • archiv the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable Open Source Initiative-approved license.
Content located on any IT • archiv-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements that may be approved by IT • archiv as applicable to such Content.
IT • archiv, any Service or a third party may provide links to other Websites. IT • archiv exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. IT • archiv shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
4. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IT • ARCHIV ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IT • ARCHIV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, IT • ARCHIV MAKES NO WARRANTY THAT (i) IT • ARCHIV OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS.
5. TRADEMARK INFORMATION
Solaris, Java, Jini, Jiro, Forte, Java logo and other Java trademarks, service marks, and product and service names are trademarks of Sun Microsystems, Inc. All other marks are property of their respective owners.
IT • archiv is not in any way associated with Sun Microsystems, Inc, and does not represent any company or product.
IT • archiv respects the intellectual property of all parties and we ask our users to do the same. If a user or other third party believes that its Content has been copied in a way that constitutes copyright infringement, that user or third party should provide IT • archiv with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) the affected user or third party's address, telephone number and email address; (e) a statement by the affected user or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected user or third party, under penalty of perjury, that the above information is accurate and that such user or third party is the copyright owner or is otherwise authorized to act on the copyright owner's behalf. If IT • archiv receives such a claim, IT • archiv reserves the right to refuse or delete Content.
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