GENERAL RELEASE BY PODARIFFIC.COM a division of RDJ CATALOG.COM USERS
The title RDJ Catalog Com hosting site and Podariffic Com along with any subsequent sub domain names shall be construed to mean the same legal entity for the purposes of this agreement. The original site page may also be viewed at
Copyright: The podcaster shall not use any material, intellectual property, recordings, photographs, art work, or anything that is not the sole property of the user and the exclusive owner of the trademark or copyright on this site; AND any such published on this site shall constitute the admission of full ownership of copyright and or permission in writing with the express consent of the owner of the intellectual property, what so ever it may be.
The Images, music, logos, art, and trademarks on this site are copyrighted intellectual property. Stealing or leaching of any material from this site without permissions, is against the law and will be prosecuted. ©1993- 2011 RDJC, Inc.; Eternal Light & Power Co. Records & Publishing, ASCAP, All Rights Reserved. LEGAL NOTICES & Forward Looking Statements:(Use of this site agreement and policy) © 2006 RDJC, Inc.; ELPC Publishing ® (ASCAP); ‘Real Deal Jump’ is a registered trademark of RDJ Catalog, Inc. © 2007 ® The logos and art on this page is the copyrighted material of the respective copyright and trademark holders, all rights reserved. Contact the President Direct: RDJC, Inc. Email: Click Here! STEALING, LEACHING OR COPIES OF ANYTHING FROM THIS WEB SITE IS AGAINST THE LAW AND WILL BE PROSECUTED: COPYRIGHT LAW CLICK HERE! © 2011 RDJC, Inc. CONTACT Daniel@ RDJCatalog.Com (remove space).
Fair Use: There is no such thing as fair use for broadcasts of syndicated radio hosts and Music unless you HAVE WRITTEN PERMISSION for the broadcaster or song writer and have an agreement for MECHANICAL ROYALTIES and or Performance rights royalties through ASCAP, BMI, SESAC, or the registered airplay royalty DMA or DRM agent authorized to make payments and collect royalties for music publishers and song writers. ANY USE IN WHOLE OR IN PART OF ANY OF THE COPYRIGHTED WORKS ON THIS SITE SHALL BE PUNISHED UNDER TITLE 17 USC CRIMINAL INFRINGEMENT AND OR SUED UNDER THE BERNE CONVENTION LAW WITH A MANDATORY MINIMUM AMOUNT FOR DAMAGES OF $300,000 FOR ANY INFRINGEMENT RESULTING IN LOSS OF NOT LESS THAN $1000 USD.
PODCASTERS ARE ADVISED TO OBTAIN A LICENSE AND REVIEW INFORMATION AT THE FOLLOWING LINKS BEFORE POSTING MUSIC TO YOUR PODCAST:
Digital Performance Right in Sound Recordings Act
|Full title||Digital Performance Right in Sound Recordings Act of 1995|
|Effective||Feb 1, 1996|
|Public Law||Pub. L. No. 104-39, 109 Stat. 336|
|Stat.||109 Stat. 336|
|Act(s) amended||Copyright Act of 1976|
|Title(s) amended||17 (Copyright)|
|U.S.C. sections substantially amended||17 U.S.C. §§ 106, 114-115|
|Digital Millennium Copyright Act|
|Relevant Supreme Court cases|
|Wikisourcehas original text related to this article:|
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform the copyrighted work publicly by means of a digital audio transmission.” The DPRA was enacted in response to the absence of a performance right for sound recordings in the Copyright Act of 1976 and a fear that digital technology would stand in for sales of physical records. The performance right for sound recordings under the DPRA is limited to transmissions over a digital transmission, so it is not as expansive as the performance right for other types of copyrighted works. The Digital Millennium Copyright Act (DMCA), enacted in 1998, modified the DPRA.
Digital Millennium Copyright Act
|Full title||To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.|
|Enacted by the||105th United States Congress|
|Effective||October 28, 1998|
|Public Law||Pub. L. 105-304|
|Stat.||112 Stat. 2860 (1998)|
|Act(s) amended||Copyright Act of 1976|
|Title(s) amended||5 (Government Organization and Employees); 17 (Copyrights); 28 (Judiciary and Judicial Procedure); 35 (Patents)|
|U.S.C. sections created||17 U.S.C. §§ 512, 1201–1205, 1301–1332; 28 U.S.C. § 4001|
|U.S.C. sections substantially amended||17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701|
|Relevant Supreme Court cases|
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
TERMS OF THE ABOVE LAW FOR BROADCASTERS:
AM FM and INTERNET broadcasters have an AUTOMATIC copyright to their own personal podcasts as long as the work does not contain another persons copyrighted music or another persons broadcast. If you take a part of someones podcast, put that audio recording into yours, you must first have the EXPRESS WRITTEN CONSENT of the copyright owner, IE the Digital podcaster or AM FM Broadcast Radio Station and the Hosts who are on that show. Rebroadcasts may not be use in whole or in part without paying PERFORMANCE ROYALTIES and first obtaining a LICENSE from the OWNER to play that material or audio recording. ANY MATERIAL THAT IS CHALLENGED ON THIS SITE WITH A DMCA TAKEDOWN REQUEST, WILL BE REMOVED AND THE ACCOUNT CLOSED AT THE WEB SITE OWNERS OPTION. By having an account here you agree that you are solely libel for any and all infringements and that you will compensate in full all legal expenses that result in the event of any suit over any posting you post on this site.
Using someone else’s voice, or altering their broadcast is against the law so don’t do it.
Fair Use Exceptions:
The law makes provisions for NEWS BROADCASTERS ON PUBLIC AIRWAYS FOR THE FOLLOWING EXCLUSIONS:
1. Discussions on political candidates.
2. Parodies on public figures as long as the comedy content does not contain the copyrighted broadcast or digital exclusive performance copyrighted material.
3. The performance of live broadcasts from news or syndicated shows are not rebroadcast on the net by a NONE FCC regulated AM FM or TV station, and such can not be added to any digital transmission by a non-FCC regulated person or inserted into a Digital podcast.
4. Exemption to 3 above, Political Parody and fair use of NEWS broadcasts of Political figures.
In other words, you can only copy a politicians voice to make a political parody. Comment on content in podcasts can not contain the orignal content that is being commented on unless it comes from a news source and it is a sound bite of the political person. For example a bite of President Obama was put into a rap song when he was talking about the PB oil spill in the gulf. It was allowed because he was a political figure. When someone takes a part of a broadcast and they are NOT A NEWS FCC LICENSED BROADCASTER ON AN FCC REGULATED STATION, THAT IS PERFORMANCE RIGHTS VIOLATION BECAUSE YOU DO NOT OWN THE BROADCAST AND IT IS ON THE INTERNET.
Internet rights for rebroadcasting belongs solely to the original copyright holders.
Terms of Service and additional information:
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the user of this site agrees , does hereby remise, release, and forever discharge RDJ Catalog Incorporated and any related site or service provider being RDJ Catalog.Com or any of its contracted agents (“Releasee”), of record maintained and or deleted from registry and any log what so ever it may be in the DNS registry of this web site, Releasee’s heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Releasor ever had, now has, or which Releasor’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the date of these presents; or any future date hereto for all eternity.
INVESTOR INFORMATION ON THIS SITE
Investor Information on this site is not guaranteed to be accurate under the following provisions; RDJ Catalog Incorporated stock is not traded on any stock exchange and is held under provisions in the by laws limiting ownership to outside stockholders to 10% or less of total shares in the present class of offering:
Certain statements contained on this web site which are not historical facts may be forward looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities and Exchange Act of 1934. These forward looking statements may include, but are not limited to, statements about our plans, objectives, expectations, prospects and intentions, markets in which we participate and other statements contained in this press release that are not historical facts. When used in this press release, the words “expect,” “predict,” “project,” “anticipate,” “believe,” “estimate,” “intend,” “plan,” “seek” and similar expressions are generally intended to identify forward looking statements. Because these forward looking statements involve risks and uncertainties, there are important factors that could cause actual results to differ materially from those expressed or implied by these forward looking statements, including changes in our plans, objectives, expectations, prospects and intentions and other factors discussed in our filings with the SEC. We cannot guarantee any future levels of activity, performance or achievements. RDJ Catalog Inc. undertakes no obligation to update forward-looking statements to reflect events or circumstances occurring after the date of this presentation.
- The material in this web site is for reference purposes only and is neither an offer nor a solicitation to purchase or sell any security. None of the information provided in this website constitutes a recommendation that any investment is suitable for any person. Persons using this website should consult with their financial advisors before making any investment decision.
- THERE CAN BE NO ASSURANCE THAT THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE OR ERROR FREE. ANY USER OF SUCH INFORMATION EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION. In particular, RDJ CATALOG, Inc. does not review, and is not responsible for confirming, the accuracy of issuer documents and information submitted to Pink Sheets or OTCBB for inclusion on this site. The issuer and its management are primarily responsible for the accuracy of any information regarding the issuer provided on this site. INVESTORS ARE URGED TO CONFIRM THE ACCURACY OF ANY INFORMATION OBTAINED FROM THIS SITE PRIOR TO MAKING ANY INVESTMENT DECISION. The information on this site is not intended to be used as the basis for any investment decision.
- An investment in an OTC security is speculative and involves a high degree of risk. Many OTC securities are relatively illiquid, or “thinly traded,” which tends to increase price volatility. Illiquid securities are often difficult for investors to buy or sell without dramatically affecting the quoted price. In some cases, the liquidation of a position in an OTC security may not be possible within a reasonable period of time.
- Reliable information regarding issuers of OTC securities, their prospects, or the risks associated with the business of any particular issuer or an investment in the issuer’s securities may not be available. As a result, it may be difficult to properly value an investment in an OTC security.
- Issuers of OTC securities quoted on Pink Sheets have no duty to provide any information to investors. While many issuers register securities quoted on Pink Sheets with the Securities and Exchange Commission (SEC) and may provide regular reports to investors in connection with such registration, issuers are not required to maintain such registration or provide such reports because their securities are quoted on Pink Sheets. Securities may continue to be quoted in the Pink Sheets if issuers are delinquent in their reporting obligation to the SEC or other federal or state regulatory agencies. Quotation of a security in the Pink Sheets or the Yellow Sheets does not in itself create any ongoing filing or reporting obligations with the SEC for any issuer. In many cases, issuers may not even be aware that their securities are quoted on Pink Sheets.
- Pink Sheets is not a securities exchange or a broker-dealer. Pink Sheets is an electronic quotation and information service provide to registered broker-dealers to facilitate efficient transactions in OTC securities. Investors must contact an SEC registered broker-dealer that is a member of the National Association of Securities Dealers (NASD) to invest in a security quoted on the Pink Sheets.
- Pink Sheets LLC & RDJ Catalog, Inc. are separate private companies that are not affiliated with each other or with the Nasdaq Stock Market, Inc. or the NASD.
All information contained herein is provided “as is.” Pink Sheets LLC makes no representation or warranty, expressed or implied, as to the accuracy, timeliness, or completeness of the information provided herein. Neither Pink Sheets LLC & RDJ Catalog, Inc., nor its respective directors, officers, employees, or third party data suppliers, shall bear any responsibility or liability to verify the information and/or its source or for the use, misuse, or inability to use the information provided. None of the foregoing parties shall be liable to any third-party claims or losses of any nature. Accordingly, investors should not use this information as the basis for making an investment decision. Please see Risk Warning, this sites policy –TOS, and user agreement, Pink Sheets OTC Guide on reporting guidelines, and Terms of Service for more information.
See Also: Pink Sheets Guidelines for Providing Adequate Current Information (Word)
It is the intentions of RDJ Catalog, Inc. to become a publicly traded company and meet all required guidelines and reporting requirements with the SEC. No press release is intended to be an offering to sell stocks or securities and the corporations make no claims as to disclosures of investors under any SEC rule. Any public, private, or 504 investor(s) are hereby advised that they should obtain licensed advisors, brokers, and legal council when considering any investment or when purchasing shares of any corporation. Any announcement of intent or filing of letters or documents with regulatory federal or state agencies such as the SEC are not hereby to be construed to be any legal filing of any required form or disclosure under the guidelines of any law or rule requiring such disclosure. The word intentions here is intended to be a forward looking statement and is not an official rule filing or disclosure under SEC rules or intended to replace a prospectus or supersede or overcome any requirement prior to offering public shares. Interested parties or individuals are encouraged to do current searches with any forms or documents filed with the sec and EDGAR at SEC.GOV
TESTIMONIAL CONSENT AND RELEASE
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Users of this web site (“Releasor”) hereby consents to any use made or to be made by any advertiser what so ever they may be, and or RDJ Catalog, Inc. or any of its agents or assigns (“Advertiser”), its advertising agency, licenses, and producers or publishers of its promotional material and its and their successors and assigns, any text or other material, prepared or created by Advertiser or any of such other parties at its own expense, which text or other material depicts, quotes or otherwise is attributed to Releasor with respect to the use or ownership by Releasor or the Releasor’s family of any product or service manufactured, sold, provided or otherwise distributed by Advertiser; provided, however, that no such text or other material shall hold up to public ridicule or scandal any of Releasor or Releasor’s family.
Releasor also hereby releases Advertiser and such other parties from any obligation to make any payment hereunder or from any other liability incurred in connection with the use of any such text or other material in the manner provided above.
Any warranty written or expressed on this site, having its principal place of business at 125 W. Main St. Smethport, PA 16749 (Manufacturer’s agent) & (“Manufacturer”) warrants its products (the “Products”) as follows:
1. Limited Warranty.
Manufacturer warrants that the Products sold hereunder will be free from defects in material and workmanship for a period of warranty as written and included from the manufacturer from the date of purchase according to such terms and conditions that are included in the warranty, if any, included in the shipment of goods. If the Products do not conform to this Limited Warranty during the warranty period (as herein above specified), Buyer shall notify Manufacturer in writing of the claimed defects and demonstrate to Manufacturer satisfaction that said defects are covered by this Limited Warranty. If the defects are properly reported to Manufacturer within the warranty period, and the defects are of such type and nature as to be covered by this warranty, Manufacturer shall, at its own expense, furnish, replacement Products or, at Manufacturer’s option, replacement parts for the defective Products. Shipping and installation of the replacement Products or replacement parts shall be at Buyer’s expense.
2. Other Limits.
THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Manufacturer does not warrant against damages or defects arising out of improper or abnormal use of handling of the Products; against defects or damages arising from improper installation (where installation is by persons other than Manufacturer), against defects in products or components not manufactured by Manufacturer, or against damages resulting from such non-Manufacturer made products or components. Manufacturer passes on to Buyer the warranty it received (if any) from the maker thereof of such non-Manufacturer made products or components. This warranty also does not apply to Products upon which repairs have been effected or attempted by persons other than pursuant to written authorization by Manufacturer.
3. Exclusive Obligation.
THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Manufacturer shall be to repair or replace the defective Products in the manner and for the period provided above. Manufacturer shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall Manufacturer be liable for incidental, special, or consequential damages.
4. Other Statements.
Manufacturer’s employees or representatives’ ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.
5. Entire Obligation.
This Limited Warranty states the entire obligation of Manufacturer with respect to the Products. If any part of this Limited Warranty is determined to be void or illegal, the remainder shall remain in full force and effect.
Users of this site agree to the above by the act of using this site and shall hold harmless RDJ Catalog, Inc. from the failure of any manufacturers warranty or lack of commitment to fulfill any and all obligations under United States laws Applying thereto.
USER SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) is made and effective this first day of November 1999 by and between RDJ Catalog.Com; RJD Catalog, Inc. (“Developer”) and any and all users of this site (“Licensee”).
Developer has developed and licenses to users its software program marketed under the name RDJ Catalog.Com and or any version thereof or offering of any software products on this site (the “Software”). Licensee desires to utilize a copy of the Software and or use of the site containing this software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software in the United States of America as set forth in this Agreement.
Licensee shall not modify, copy, duplicate, reproduce, license or sub-license the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes in and only in the cache of the users computer while on the internet. All other restrictions shall apply and no user may grant release thereof to any other person or company what so ever it/they may be.
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer the sum of purchases made on this site using any electronic commerce method or software provided by this site. Third party payment systems such as pay pal are in use on this site and user assumes all risk for any and all misdirected payments and any liability of such transactions are the sole responsibility of the provider of services under their third party TOS and User agreements. This web site is not responsible for any misdirected payments caused by any hacker or cyber phising or unsecured transmission made by the customer. Always insure that HTTPS is working and that the person you are sending the money to is who you intended to pay online.
4. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event of any breach or threatened breach of the foregoing representation and warranty, Licensee’s sole remedy shall be to require Developer or to either: i) procure, at Developer’s expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Developer.
5. Warranty of Functionality.
A. For a period of use following delivery of the Software to Licensee (the “Warranty Period”), Developer warrants that the Software shall perform in all material respects according to the Developer’s specifications concerning the Software when used with the appropriate computer equipment and is not responsible for any damage caused by any third party what so ever they may be. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Developer and delete all copies of this site and its Software form the computer used to access this site at Licensee’s sole expense. Licensee’s sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Developer.
B. In the event of any defect in the media upon which the Software is provided arising within the date of delivery of the Software, upon return to Developer of the Software upon the original media, Developer shall provide Licensee a new copy of the Software. No claims of damage to any computer shall be paid by this site and or its software developers what so ever they may be. Use of this site constitutes full and complete release from any and all claims that may arise from the use of this site, regardless of reason.
6. Software Maintenance.
A. Standard maintenance. During the Warranty Period, Developer shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer. Such enhancement shall include all modifications to the Software, which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.
B. Optional maintenance. After expiration of the Warranty Period, ending when logged off this site, Licensee may continue to receive no maintenance support. Licensor shall notify Developer in writing if it desires to receive optional maintenance or support. If Licensee fails to take optional maintenance and later elects to receive it, Developer reserves the right to charge Licensee its maintenance fees for the period of the lapse in maintenance. Developer may elect to discontinue maintenance at any time without notice to Licensee, and Licensee agrees to forfeit any then unearned maintenance fees and relinquish any and all claims against the provider of this site and or any and all of its assigns, what so ever they may be.
7. Warranty Disclaimer.
DEVELOPER’S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to Developer:
Customer Online Service Department
125 West Main St. Smethport, PA 16749
12. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of Pennsylvania
13. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
14. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by RDJ Catalog, Inc. officers and BOD.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
The RDJ Catalog, Inc. provides its customers with resources to purchase our products easily and effectively. However we do have specific guidelines that must be followed. These guidelines are noted below. The RDJ Catalog, Inc. reserves the right to suspend or cancel a customers access to any or all services provided by The RDJ Catalog, Inc. when we decide that the account has been inappropriately used. The RDJ Catalog, Inc. reserves the right to limit quantities and to correct any typographical or pricing errors.
The RDJ Catalog, Inc. does not allow bots, spyders, spam, or any other type of sniffing/hacking programs to be run on our servers. Such activity will be deemed as server abuse and will result in immediate account termination. Attacks against our servers and computer systems is strictly prohibited. This includes and is not limited to: port scanning, IP spoofing, SYN flood attacks, security hole scanning, spyware, emails deemed to be phishing, scams, or any other illegal activity for which the law provides under the patriot act of the United States of America, etc.
We supply our customers with resources to resell our products. These resources are for download and viewing only. WE DO NOT ALLOW LINKING TO OUR RESOURCES. Unauthorized linking to our website and servers without the expressed written consent of The RDJ Catalog, Inc. will be deemed as server abuse. This includes and is not limited to linking to: html pages, images, media, files, and any other part of our website. Linking for search engines exempted by grant hereby given.
The RDJ Catalog, Inc. will act strongly against server abuse. Possible actions against server abuse may include and are not limited to warnings, account suspension or termination, and civil or criminal legal action, depending on the seriousness of the abuse and or attack.
The RDJ Catalog, Inc. dose not allow its customers to use its product images, descriptions, and price lists in a manner deemed acceptable by eBay™, RDJ Catalog, Inc.™, etc…, or reproduction in a printed manner such as advertisements, catalogs, brochures, or flyers Unless first granted permission by The RDJ Catalog, Inc. officers and Directors. Unacceptable use includes downloading for viewing and editing, use on ones website or other online shopping system such as eBay™, RDJ Catalog, Inc.™, etc…, or reproduction in a printed manner such as advertisements, catalogs, brochures, or flyers.
Although it is not a common practice of The RDJ Catalog, Inc. to sell customer information, The RDJ Catalog, Inc. and its affiliates reserve the right to sell or transfer your information (including but not limited to your name, address, zip code, state, country of residency, phone, fax, preferences, type of business and other information you provide through other communications) to a third party. For the purposes of Order processing, information provided by the user of this site may be maintained in records until payment in full for all purchases is completed and shall not be maintained online for any purposes not approved by the user of this site.
All artwork including and not limited to custom graphics, buttons, animations, music, lyrics, models, or personal appearances, and other graphics shown on our website or stored on our web server is copyrighted by RDJ Catalog, Inc. all rights reserved.
IN WITNESS WHEREOF, Developer and Licensee have executed this Software License/ web site user Agreement on the day and year first used by licensee by the act of logging on the site RDJ Catalog.com and or any related site there to; AND hereby using agrees to the terms and conditions of use as above written.
Copyright © 2004 – 2001 RDJ Catalog, Inc. All rights reserved.
NOTICE: Click here for important information about safe surfing from the Federal Trade Commission.
Information Collection and Use – General: RDJ Catalog, Inc. collects personal information when you register with RDJ Catalog, Inc., when you use RDJ Catalog, Inc. products or services, when you visit RDJ Catalog, Inc. pages or the pages of certain RDJ Catalog, Inc. partners, and when you enter promotions or sweepstakes. RDJ Catalog, Inc. may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some financial products and services we may also ask for your address, Social Security number, and information about your assets. Once you register with RDJ Catalog, Inc. and sign in to our services, you are not anonymous to us. RDJ Catalog, Inc. collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer. RDJ Catalog, Inc. automatically receives and records information on our server logs from your browser, including your IP address, RDJ Catalog, Inc. Cookie information, and the page you request. RDJ Catalog, Inc. uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children: When a child under age 18 attempts to register with RDJ Catalog, Inc., we ask that he or she have a parent or guardian create a RDJ Catalog, Inc. Family Account to obtain parental permission. RDJ Catalog, Inc. will not contact children under age 18 about special offers or for marketing purposes without a parent’s permission. RDJ Catalog, Inc. does not ask a child under age 13 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Cookies: RDJ Catalog, Inc. may set and access RDJ Catalog, Inc. cookies on your computer. RDJ Catalog, Inc. lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to RDJ Catalog, Inc.’s cookies. RDJ Catalog, Inc. uses web beacons to access RDJ Catalog, Inc. cookies inside and outside our network of web sites and in connection with RDJ Catalog, Inc. products and services.
Your Ability to Edit and Delete Your Account Information and Preferences – General: You can edit your RDJ Catalog, Inc. Account Information, including your marketing preferences, at any time. New categories of marketing communications may be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive. We reserve the right to send you certain communications relating to the RDJ Catalog, Inc. service, such as service announcements, administrative messages and the RDJ Catalog, Inc. Newsletter, that are considered part of your RDJ Catalog, Inc. account, without offering you the opportunity to opt-out of receiving them. You can delete your RDJ Catalog, Inc. account by visiting our Account Deletion page. Please click here to read about information that might possibly remain in our archived records after your account has been deleted.
Confidentiality and Security: We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. To learn more about security, including the security steps we have taken and security steps you can take, please read Security at RDJ Catalog, Inc..
1. ACCEPTANCE OF TERMS
You, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you, agree to the terms of service contained on this site and if you don’t agree, then you will leave this site and not return unless you agree to the terms of service and this document to be binding under the terms listed on this page. You can review the most current version of the TOS at any time. In addition, when using particular RDJ Catalog, Inc. owned or operated services, you and RDJ Catalog, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS..
2. DESCRIPTION OF SERVICE
RDJ Catalog, Inc. currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for RDJ Catalog, Inc. to provide the Service. You also understand and agree that the service may include certain communications from RDJ Catalog, Inc., such as service announcements, administrative messages and the RDJ Catalog, Inc. Newsletter, and that these communications are considered part of RDJ Catalog, Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RDJ Catalog, Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that RDJ Catalog, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that if RDJ Catalog, Inc. has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RDJ Catalog, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RDJ Catalog, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). RDJ Catalog, Inc. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a RDJ Catalog, Inc. Family Account. When you create a RDJ Catalog, Inc. Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the RDJ Catalog, Inc. Family Account. By adding a child to your RDJ Catalog, Inc. Family Account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RDJ Catalog, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RDJ Catalog, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RDJ Catalog, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RDJ Catalog, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RDJ Catalog, Inc. be liable in any way for any Content, including, but not limited to, 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a RDJ Catalog, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that RDJ Catalog, Inc. may or may not pre-screen Content, but that RDJ Catalog, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, RDJ Catalog, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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. In this regard, you acknowledge that you may not rely on any Content created by RDJ Catalog, Inc. or submitted to RDJ Catalog, Inc., including without limitation information in RDJ Catalog, Inc. Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that RDJ Catalog, Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of RDJ Catalog, Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by RDJ Catalog, Inc. and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
RDJ Catalog, Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant RDJ Catalog, Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of RDJ Catalog, Inc. Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific RDJ Catalog, Inc. Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RDJ Catalog, Inc. removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than RDJ Catalog, Inc. Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or RDJ Catalog, Inc. removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than RDJ Catalog, Inc. Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the RDJ Catalog, Inc. network of properties that are intended by RDJ Catalog, Inc. to be available to the general public. By way of example, publicly accessible areas of the Service would include RDJ Catalog, Inc. Message Boards and portions of RDJ Catalog, Inc. Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of RDJ Catalog, Inc. Groups that are limited to members, RDJ Catalog, Inc. services intended for private communication such as RDJ Catalog, Inc. Mail or RDJ Catalog, Inc. Messenger, or areas off of the RDJ Catalog, Inc. network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by RDJ Catalog, Inc..
You agree to indemnify and hold RDJ Catalog, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your RDJ Catalog, Inc. I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that RDJ Catalog, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on RDJ Catalog, Inc.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that RDJ Catalog, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that RDJ Catalog, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RDJ Catalog, Inc. reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
RDJ Catalog, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RDJ Catalog, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that RDJ Catalog, Inc. may, under certain circumstances and without prior notice, immediately terminate your RDJ Catalog, Inc. account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your RDJ Catalog, Inc. account includes (a) removal of access to all offerings within the Service, including but not limited to RDJ Catalog, Inc. Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in RDJ Catalog, Inc.’s sole discretion and that RDJ Catalog, Inc. shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RDJ Catalog, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RDJ Catalog, Inc. has no control over such sites and resources, you acknowledge and agree that RDJ Catalog, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RDJ Catalog, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. RDJ CATALOG, INC.’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RDJ Catalog, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
RDJ Catalog, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RDJ Catalog, Inc. for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RDJ CATALOG, INC. 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.
- RDJ CATALOG, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RDJ CATALOG, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RDJ CATALOG, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RDJ CATALOG, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RDJ Catalog, Inc. and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
RDJ Catalog, Inc. may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The RDJ CATALOG, INC., RDJ Catalog, Inc. logo, RDJ CATALOG, INC. (in Chinese Characters), RDJ CATALOG, INC.logos!, the RDJ Catalog, Inc .Jumpin! logo, Jumpin’ girl logo, RDJ CATALOG, INC.?, J!, logo, MY RDJ CATALOG, INC., “RDJC BUY!” and Star logo, RDJ CATALOG, INC. RAP OF REAL DEAL JUMP, RDJ CATALOG, INC. EVERYWHERE, RDJ CATALOG, INC. GROUPS, RDJ CATALOG, INC. MAIL OUTPOST, RDJ CATALOG, INC. REAL DEAL JUMP, Light Bulb with music notes in side, ELPC, Eternal Light & Power Co. (ASCAP) Esilvercoin, Cybersurflaundry, Instructions to money.com, trademarks and service marks and other RDJ Catalog, Inc. logos and product and service names are trademarks of RDJ Catalog, Inc. Inc. (the “RDJ Catalog, Inc. Marks”). Without RDJ Catalog, Inc.’s prior permission, you agree not to display or use in any manner, the RDJ Catalog, Inc. Marks.
23 sub a: Legal Notice Concerning these domains:
Podariffic.com Podariffic.com or owned subdomains there too and the parent site RDUCatalog.com and or PRSpacebook.com ; cybersurflaundry.com e-silver-coin.com e-silver-coin.net e-silvercoin.com e-silvercoin.net edreamhouse.com EDREAMHOUSE.NET esilvercoin.com
esilvercoin.net esilvercoin.org instructionstomoney.com merrickfoundation.org rdjcatalog.biz rdjcatalog.info rdjcatalog.net rdjcatalog.org
rdjcatalog.tv rdjcatalog.us realdealjump.biz realdealjump.com realdealjump.info realdealjump.net realdealjump.org realdealjump.tv realdealjump.us
ask-themoneydoctor.com askmoneydoctor.com danielmerrick.com e-silvercoin.com esilvercoin.com fromwelfaretomillionaire.com
rdjcatalog.biz rdjcatalog.info rdjcatalog.net rdjcatalog.org rdjcatalog.us realdealjump.biz realdealjump.com realdealjump.net welfare2millionaire.com
Welfare2millionaire.tv welfaretomillionair.com MILLIONDOTHOME.COM MILLIONDOTHOME.NET MILLIONDOTHOME.BIZ MILLIONDOTHOME.US MILLIONDOTHOME.INFO MILLIONDOTHOME.TV cybersurflaundry.com e-silver-coin.com e-silver-coin.net e-silvercoin.com e-silvercoin.net
edreamhouse.com esilvercoin.com esilvercoin.net esilvercoin.org instructionstomoney.com merrickfoundation.org rdjcatalog.biz rdjcatalog.info
rdjcatalog.net rdjcatalog.org rdjcatalog.tv rdjcatalog.us realdealjump.biz realdealjump.com realdealjump.info realdealjump.net realdealjump.org
realdealjump.tv realdealjump.us ask-themoneydoctor.com askmoneydoctor.com danielmerrick.com e-silvercoin.com esilvercoin.com
fromwelfaretomillionaire.com rdjcatalog.biz rdjcatalog.info rdjcatalog.net rdjcatalog.org rdjcatalog.us realdealjump.biz realdealjump.com realdealjump.net
welfare2millionaire.com welfaretomillionair.com ESILVER-COIN.COM INSTRUCTIONS2MONEY.COM INSTRUCTIONS2MONEY.NET INSTRUCTIONS2MONEY.ORG
INSTRUCTIONSTOMONEY.NET INSTRUCTIONSTOMONEY.ORG WELFARE2MILLIONAIRE.BIZ WELFARE2MILLIONAIRE.INFO WELFARE2MILLIONAIRE.NET
WELFARE2MILLIONAIRE.ORG WELFARE2MILLIONAIRE.TV WELFARE2MILLIONAIRE.US WELFARETOMILLIONAIRE.US WELFARETOMILLIONAIREMENTOR.BIZ WELFARETOMILLIONAIREMENTOR.COM WELFARETOMILLIONAIREMENTOR.INFO WELFARETOMILLIONAIREMENTOR.NET EDREAMHOUSE.NET ESILVER-COIN.COM HEBREWINSTITUTE.ORG INSTRUCTIONS2MONEY.COM INSTRUCTIONS2MONEY.NET INSTRUCTIONS2MONEY.ORG INSTRUCTIONS2MONEY.TV INSTRUCTIONSTOMONEY.INFO INSTRUCTIONSTOMONEY.NET INSTRUCTIONSTOMONEY.ORG INSTRUCTIONSTOMONEY.TV INSTRUCTIONSTOMONEY.US MILLIONDOTHOME.BIZ MILLIONDOTHOME.COM MILLIONDOTHOME.INFO MILLIONDOTHOME.NET MILLIONDOTHOME.TV MILLIONDOTHOME.US UKRAINIANMATE.COM W2MPRODUCTIONS.COM W2MPRODUCTIONS.NET W2MPRODUCTIONS.ORG WELFARE2MILLIONAIRE.BIZ WELFARE2MILLIONAIRE.INFO WELFARE2MILLIONAIRE.NET WELFARE2MILLIONAIRE.ORG WELFARE2MILLIONAIRE.TV WELFARE2MILLIONAIRE.US WELFARETOMILLIONAIRE.US WELFARETOMILLIONAIREMENTOR.BIZ WELFARETOMILLIONAIREMENTOR.COM WELFARETOMILLIONAIREMENTOR.INFO WELFARETOMILLIONAIREMENTOR.NET YAHSHUA-MESSIAH.COM YAHSHUA-MESSIAH.NET YAHSHUA-MESSIAH.ORG YAHSHUAMESSIAH.INFO YAHSHUAMESSIAH.TV YAHSHUAMESSIAH.US :
The above listed domain names and all associated art work, creative content, music, words, concepts, and trademarks, copyrights, are the intellectual property of RDJC, Inc. and or Daniel W. Merrick © ® ™ Copyrighted 1993 -2016 Any unauthorized usage of these names or associated email addresses will be prosecuted unless by the express consent of the authors and creators of these afore listed materials, what so ever they may be.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
RDJ Catalog, Inc. respects the intellectual property of others, and we ask our users to do the same. RDJ Catalog, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RDJ Catalog, Inc.’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
RDJ Catalog, Inc.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
SEND DMCA TAKEDOWN REQUESTS TO:
Daniel Merrick Copyright Agent
c/o RDJ Catalog, Inc.
858 Route 446
Smethport, PA 16749
By phone: (814) 887-5895
By email: firstname.lastname@example.org
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and RDJ Catalog, Inc. and govern your use of the Service, superceding any prior agreements between you and RDJ Catalog, Inc.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RDJ Catalog, Inc. services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and RDJ Catalog, Inc. shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and RDJ Catalog, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of McKean, Pennsylvania.
Waiver and Severability of Terms. The failure of RDJ Catalog, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your RDJ Catalog, Inc. account is non-transferable and any rights to your RDJ Catalog, Inc. I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
26. VIOLATIONS: Please report any violations of the TOS to our Customer Care group.
27. All the terms and conditions and protections granted hereby to RDJ Catalog, Inc. above shall apply in legal statute and protection of RDJ Catalog Incorporated and any of its officers, shareholders, employees, agents, and or assigns or contracted service providers.
IN WITNESS WHEREOF, Developer and Licensee have executed this Software License/ web site user Agreement on the day and year first used by licensee by the act of logging on the site RDJ Catalog.com and or any related site there to; AND hereby using agrees to the terms and conditions of use as above written.
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