PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
1. Acceptance; Scope
Redgate may amend, update or modify these Terms at any time, by posting amended Terms on the Site. If you do not consent to these Terms, as amended, you should not access or use the Site in any way and should immediately exit the Site. By continuing to access or use the Site after those changes become effective, you and the entity for which you are authorized to accept these Terms, agree to be bound by the revised Terms.
The Site may contain links to third-party websites not owned by Redgate. Redgate has no control over, and assumes no responsibility for, the availability, content, practices or policies (including privacy policies) of any such third parties. By using the Site, you expressly release Redgate from any and all liability arising from your use of any third-party website.
2. Limited License; Restrictions
REDGATE GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO ACCESS AND MAKE PERSONAL USE OF REDGATE’S SERVICES MADE AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”), AS WELL AS THE CONTENT OF THE SITE (AS DEFINED BELOW), PURSUANT TO THESE TERMS. You may only use the Services and Content in connection with your business with Redgate and may not use the Services or Content for any other purpose. For avoidance of doubt, this license does not include any rights regarding resale or derivative use of the Services or Content, or any use of data mining, robots, or similar data gathering and extraction tools. You agree that you will not reproduce, redistribute, duplicate, copy, sell, transfer, create derivative works from, decompile, reverse engineer, alter, adapt, disassemble, or otherwise exploit the Site. All rights not expressly granted by Redgate herein are reserved.
As used throughout these Terms, “Content” includes photos, images, audio, videos, text and other materials of any and every type in all forms and mediums provided by Redgate and appearing on the Site.
Content. All Content posted on the Site is protected by applicable copyright and trademark laws. Redgate, and its licensors and vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content. All right, title and interest in and to the Content remains with Redgate at all times. You may access the Content in connection with your business with Redgate as intended and permitted under these Terms. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You shall not reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Redgate. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site with the intent to copy Content. All trademarks, including service marks and logos, appearing on any Content and/or the Site are owned, controlled, or licensed by Redgate and are protected by trademark law, whether registered or unregistered. Redgate’s trademarks and trade dress may not be used in connection with any product or service that is not Redgate’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Redgate.
4. Code of Conduct
In accessing or using the Site, you agree that you will not:
- Submit false or misleading information, impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Violate any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
- Circumvent, disable or otherwise interfere with security features of the Site;
- Defame, harass, stalk, attack, threaten, intimidate, or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights;
- Spam, hack into or deface the Site, or transmit any content that contains any viruses, worms, trojan horses, defects, or other destructive items;
- Harm or exploit minors; or
- Use the Site for any commercial, advertising or solicitation uses or to collect any personally identifiable information about others.
Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws.
Redgate has the right, but not the obligation, to monitor all conduct on the Site. Failure to comply with any of the above conduct requirements will constitute a violation of these Terms and, in addition to any other rights or remedies we may have, Redgate may immediately terminate your access to and use of the Site.
Termination for Cause. Redgate may terminate, suspend or disable your access and use of the Site (or any part thereof) if Redgate determines, in its sole discretion, that you have violated any provision of these Terms. If Redgate terminates your access to the Site for any of the reasons set forth herein, you may not re-register to use the Site. Redgate may block your email address and Internet protocol address to prevent further use of the Site. If you believe that Redgate has suspended or terminated your use of the Site in error, you may contact us at contact@Redgate.com at any time.
Effect of Termination. Upon termination, all licenses granted by Redgate will terminate automatically and immediately. Sections 3, 5, and 7 through 10 of these Terms shall survive termination.
6. Copyrights; DMCA Notifications
Notifications of Claimed Infringement. Although Redgate is not obligated to review submissions for copyright infringement, we are committed to respecting copyrights and the other intellectual property of others. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing our Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address (if available) of the complaining party;
- 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
- 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.
Counter-Notifications. If you believe that Content that was removed (or to which access was disabled) is not infringing, or that you have the necessary authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the Content, you may send us a counter-notification. DMCA notifications and counter-notifications must meet the then statutory requirements imposed by the DMCA (see 17 U.S.C 512(g)(3) or http://copyright.gov for more information).
Copyright Agent. Notifications, as described herein, should be sent to: contact@Redgate.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notification may not be valid.
Redgate reserves the right to modify or discontinue the Site at any time. The Site and all Content is provided by Redgate “AS IS” and on an “as available” basis. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Redgate and its suppliers. Accordingly, Redgate assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services is inaccurate at any time without prior notice.
Without limiting the foregoing, Redgate expressly disclaims, and assumes no liability or responsibility for, any: (a) errors, omissions, or inaccuracies of the Content; (b) personal injury, including death, or tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site; (c) unauthorized access to or use of the Site or any Content; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, trojan horses, time bombs or the like which may be transmitted to, by or through the Site; (f) modifications to the Site, suspension or discontinuance of the Services; or (g) loss or damage of any kind incurred as a result of the use of the Site or any Content posted, transmitted, or otherwise made available through the Site.
Redgate does not endorse, guarantee or assume responsibility for any content, product or service posted, advertised or offered by any third party on or through the Site, and Redgate will not be a party to, or be responsible for monitoring, any transaction between you and any third-party provider of products or services.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NEITHER REDGATE, NOR ANY OF OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF REDGATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS LIABILITY DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY LOSSS, DAMAGES, EXPENSES OR INJURY ARISING FROM: (A) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT; (B) ERRORS, OMISSIONS, OR INACCURACIES OF THE CONTENT; (C) TANGIBLE OR INTANGIBLE PROPERTY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED ON SUCH SERVERS; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, TIME BOMBS OR THE LIKE WHICH MAY BE TRANSMITTED TO, BY OR THROUGH THE SITE; (G) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REDGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL REDGATE BE LIABLE FOR DAMAGES INCURRED BY YOU EXCEEDING U.S. $1,000 IRRESPECTIVE OF FAULT OR NEGLIGENCE. IN CONSIDERATION OF YOUR USE OF THE SITE YOU HEREBY WAIVE AND RELEASE REDGATE FROM ANY SUCH CLAIM FOR DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE REMEDIES EXPRESSLY PROVIDED FOR IN THESE TERMS.
To the extent permitted by applicable law, you agree to defend and indemnify Redgate and its members, managers, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees, arising from or relating to: (a) your access to or use of the Site; (b) your violation of any term of these Terms or any law; or (c) your violation of any third party right, including without limitation any copyright, property, intellectual property, privacy or publicity right. The foregoing obligations shall survive these Terms and any termination of your use of the Site.
Governing Law; Jurisdiction.
Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Redgate’s prior written consent. Redgate may assign these Terms without restriction.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure or delay to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
No Third-Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Electronic Communication. When you use the Site or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions, please contact us via email at contact@Redgate.com.