Terms and Conditions of Use
Last Update: February 10, 2001
Terms and Conditions of Use
This web site, including any subsite accessible through the homepage, (the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of
Ratajik Software. You can e-mail us at firstname.lastname@example.org. Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which is specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use,
Ratajik Software grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
All materials on this Site, including but not limited to audio, images, software, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site,
Ratajik Software is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Ratajik Software's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way
Ratajik Software uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by
Ratajik Software anywhere in the world, in any medium, forever. Furthermore,
Ratajik Software is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that
Ratajik Software is not obligated to use any such ideas or materials and you have no rights to compel such use.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to
Ratajik Software does not cause Ratajik Software to have any special responsibility to you.
This Site may contain links to other Internet sites on the World Wide Web.
Ratajik Software provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that
Ratajik Software approves of, endorses or recommends that site.
Ratajik Software disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
E-mail the Site, or ask us to e-mail anything to you;
Send in any information;
Post any information on any bulletin board or enter any chat room; or
Buy anything online.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
Ratajik Software's Right to Change These Terms and Conditions of Use or Content on the Site
Ratajik Software may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
Ratajik Software may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You agree to indemnify, defend and hold Ratajik Software and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in
Ratajik Software's defense of any claim. Ratajik Software 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
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE,
RATAJIK SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO RATAJIK
SOFTWARE'S NEGLIGENCE, SHALL Ratajik Software BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF
RATAJIK SOFTWARE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
RATAJIK SOFTWARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between
Ratajik Software and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of
South Carolina, United States of America, without reference to its conflicts of law rules.
At Ratajik.com we believe that, as an our online visitor, you have a right to know our practices regarding the information we collect when you visit our Web sites and what type of information is collected. The guidelines contained herein only apply to your visits to www.ratajik.com, the Web site operated by Ratajik.com Corporation of America ("Ratajik Software"). In addition, this policy also applies to your visit to the following Web pages on www.ratajik.com:
Collection of Information: Cookies; Personal
For each visitor to an Ratajik Software Web site, Ratajik Software's Web server automatically recognizes and stores information such as the visitor's IP address/Domain name combination. We use this information to understand visitor traffic patterns through our sites for purposes such as enhancing its usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.
When you visit Ratajik Software's sites or advertisements appearing thereon, or use one or more of the Ratajik Software Web site services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customize your experience to better match your interests and preferences or to simply facilitate your signing in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified and our ability to personalize your online experience would be limited. Please refer to your browser instructions or "help" screen to learn more about these functions.
Additionally, Ratajik Software may ask you to provide "personal information", meaning individually identifiable information that you provide on our Web sites such as your email address, name, mailing address, telephone number, social security number, credit card number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to participate in contests, chat rooms, on bulletin boards, to fill out a registration, or to order products and services using these sites. Ratajik Software may combine the information you provide on our Web sites with other information we may collect from you or from third parties so that we can more effectively tailor our site, services and offerings to you. If you provide Ratajik Software with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend or delete such information. Instructions on how to update personal information will be given at the point of data collection.
Unless you instruct us otherwise, Ratajik Software may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or removing the check from the box indicating your preference as applicable at the place where your information is collected, or by other means (such as an email request). In addition, with each communication you receive from Ratajik Software, you will be given the opportunity to indicate if you do not wish to receive future communications.
Unless it is for the purposes you have requested or originally agreed, Ratajik Software will not share the personal information you provide on the Ratajik Software Web sites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom Ratajik Software contracts to carry out the internal operations of the site or our business; or (d) under exigent circumstances to protect the personal safety or property of our users, the public or ourselves.
While Ratajik Software cannot guarantee that unauthorized access will never occur, rest assured that Ratajik Software takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Notice To/Regarding Children Under the Age of 13
Ratajik Software believes that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the Ratajik Software sites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.
If a child under 13 years of age wishes to participate in any Ratajik Software Web site activity, or wishes to take advantage of a product or service offering, available to children, and to do so necessitates the furnishing of any of the child's personal information, please note the following:
(i) Before any collection of a child's personal information takes place at a web site directed to children or where Ratajik Software is knowingly collecting children's personal information, the child will be asked to provide his/her parent's or guardian's e-mail address. Ratajik Software will then send an e-mail (the "Initial Notification") to the parent/guardian indicating, among other things, the information that the child is requested to provide, the intended use(s) of the information and information on how the parent/guardian can, at their election, delete the child's information from Ratajik Software's database or records. Upon receipt of the Initial Notification, a parent or guardian may respond back to Ratajik Software to grant his/her consent or to deny consent, in which case Ratajik Software will delete the parent or guardian's e-mail address. Upon Ratajik Software's receipt of the parent/guardian consent, Ratajik Software will send a confirming e-mail to the parent/guardian's e-mail address,
(ii)The e-mail address of the operator collecting or maintaining personal information from children through this Web site are: email@example.com,
(iii) The types of personal information collected from children may include the name, e-mail address, home address, telephone number and/or any other information reasonably necessary for the child to participate in a particular activity. This information may be collected directly and/or passively (e.g., through a web server that automatically recognized and stores information such as a visitor's IP address/domain name combination),
(iv) The information collected may be used for purposes such as fulfillment of a requested transaction, record keeping, marketing back to the child, or making it publicly available through a chat room or by other means,
(v) Unless specific consent is obtained from the child's parent or guardian, the child's personal information will not be disclosed to third parties who are not contractors hired to carry out the internal operations of the Web sites, other than as may be required or permitted by law. We have required, or will require, such contractors to agree to use personal information of site visitors only for the purposes of carrying out these operations and to keep such information confidential. A parent or guardian has the option of consenting to the collection and use of the child's personal information without consenting to the disclosure of that information to third parties,
(vi) Ratajik Software is prohibited from conditioning a child's participation in an activity on the child's disclosing more personal information than is reasonably necessary to participate in such activity,
(vii) A parent can review and have deleted the child's personal information, can refuse to permit further collection or use of the child's information, and can revoke or limit consents previously given. For instructions on how to do so, please send an e-mail to: PIM@ratajik.com and
(viii) If Ratajik Software desires to use a child's information for purposes other than that for which the parent/guardian consent was previously given, Ratajik Software will not do so without first getting the parent/guardian consent.
Use and Disclosure of Anonymous Aggregated Information
Ratajik Software may also collect, aggregate and maintain anonymous information about the visitors to our Web sites, such as visitors' hobbies, interests, purchasing habits, music preferences, and the like. This data can then be used to tailor Ratajik Software's Web site content and advertising to deliver a better experience for our visitors. In addition, Ratajik Software may also share such aggregate information about our visitors with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors or percentage of visitors within a particular age range.
Consent to Processing:
By providing any personal information to the Ratajik Software Sites, all users, including without limitation users in the member states of the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States of America.
If you have any questions or comments about our personal information practices or about this privacy statement, please feel free to send us an email at firstname.lastname@example.org