The following terms and conditions govern all use of the Alternating Bits website and all content, services and products available at or through the website, including, but not limited to, alternatingbits.com, (the Website). The Website is owned and operated by Alternating Bits. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Alternating Bits's Privacy Policy) and procedures that may be published from time to time on this Site by Alternating Bits (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Alternating Bits, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Website Visitors. Alternating Bits has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Alternating Bits does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Alternating Bits disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Alternating Bits links, and that link to Alternating Bits. Alternating Bits does not have any control over those non-Alternating Bits websites and webpages, and is not responsible for their contents or their use. By linking to a non-Alternating Bits website or webpage, Alternating Bits does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Alternating Bits disclaims any responsibility for any harm resulting from your use of non-Alternating Bits websites and webpages.
Copyright Infringement and DMCA Policy. As Alternating Bits asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Alternating Bits violates your copyright, you are encouraged to notify Alternating Bits. Alternating Bits will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Alternating Bits will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Alternating Bits or others. In the case of such termination, Alternating Bits will have no obligation to provide a refund of any amounts previously paid to Alternating Bits.
Intellectual Property. This Agreement does not transfer from Alternating Bits to you any Alternating Bits or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Alternating Bits. Alternating Bits, the Alternating Bits logo, and all other trademarks, service marks, graphics and logos used in connection with Alternating Bits, or the Website are trademarks or registered trademarks of Alternating Bits or Alternating Bits's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Alternating Bits or third-party trademarks.
Changes. Alternating Bits reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Alternating Bits may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Alternating Bits may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Alternating Bits account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". Alternating Bits and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Alternating Bits nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, you rock! You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Alternating Bits, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Alternating Bits under this agreement during the twelve (12) month period prior to the cause of action. Alternating Bits shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Alternating Bits Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Alternating Bits, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Alternating Bits and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Alternating Bits, or by the posting by Alternating Bits of a revised version.