Neutron Interactive Terms of Use

Last Updated and Effective January 12, 2012

Welcome to the www.neutroninteractive.com website (“Website”). This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. This page together with our Privacy Policy, outlines the terms and conditions on which we provide access to the Website (“Terms of Use”).

If you do not agree to these Terms of Use, you do not have the right to access this Website or use this Website or its equipment in any way. For purposes of this agreement, the terms “Neutron,” “we,” “us,” and “our” refer to Neutron Interactive and all of its parent companies, subsidiaries and affiliates. The terms and “you” and “your” refers to you, as a user of this Website.

Modification of the Terms of Use

Internet technology and the applicable laws, rules and regulations change frequently. Therefore, the parties agree that Neutron may modify these Terms of Use at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Use are posted on the Website (“Effective Date”). Your use of the Website after the Effective Date constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms of Use as modified. If you do not accept such modification(s), then do not use the Website.

Privacy and Protection of Personal Information

Our Privacy Policy is hereby incorporated by reference in its entirety and is available at http://www.neutroninteractive.com/privacy-policy.

Use Restricted to U.S. Residents

By entering this Website, you acknowledge and agree that Neutron operates this Website from its offices within the United States of America and that the Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. Neutron makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

Personal and Non-Commercial Limited License

Neutron hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may print copies of the content on the Website, but only for your personal use. You may not share, barter, sell, or otherwise convey copies of the content to any third party. Except as stated above, all rights are reserved. Commercial use of any content on the Website is strictly prohibited. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces.

Do Not Call Registry Compliance

By submitting personal contact information to Neutron through this Website or any of its affiliated online properties, you hereby grant written permission to Neutron, its affiliates, and its business partners to contact you by telephone, text, mail, and/or e-mail and therefore waive any right to file a claim in any type of civil action, or claim with the FTC or any other agency in reference to these calls or contacts.

Trademarks, Copyright and Proprietary Rights

The NEUTRON INTERACTIVE mark and logo are trademarks of Neutron. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Neutron’s name, logos, or trademarks without obtaining the written permission of Neutron or such other third party owner, as applicable.

All content on the Website, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Website, and their selection and arrangement (the “Site Content”) individually and/or collectively, are the proprietary property of Neutron and is protected by U.S. copyright law, international treaties and other intellectual property rights. Except as otherwise stated therein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Neutron’s proprietary rights, provided however that you may download the information and print out hard copies for your own personal, noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

You acknowledge that Neutron will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Submissions

All information submitted to Neutron shall be deemed and remain the property of Neutron and Neutron shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information you provide to Neutron. Neutron shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by Neutron in its Privacy Policy or as otherwise specifically agreed in writing or required by law. Without limitation of the foregoing, you hereby assign to Neutron all now known or hereafter existing rights to any submission of every kind and nature, in perpetuity, and agree that Neutron shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submission. To the extent this assignment is ineffective, you hereby grant to Neutron a royalty-free, nonexclusive, world-wide perpetual, unrestricted license to publish, transmit, perform, display, distribute and otherwise use the submission for any purpose whatsoever.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website or Neutron’s network or servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” or any other automatic means of accessing, logging-in or registering on this website or obtaining or accessing other information from or through this website.

Intended Audience

This Website is intended for adults age 18 and over. This Website is not intended for any children under the age of 13.

Website Availability

Neutron will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Neutron may, from time to time, result in temporary interruptions to the Website. In addition, Neutron reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.

Articles and Commentary

This Website may include articles and commentary containing information in the form of news, opinions and/or comments that, unless otherwise stated therein, should not be construed as specific advice or instruction from Neutron or official expressions of Neutron. Neutron does not warrant, either expressly or by implication, the factual accuracy of the articles and commentary posted, nor does it adopt any statement as its own, or warrant any articles or commentary offered by the author of the same.

Links to Affiliate Websites

This Website may contain links to websites controlled or offered by our partners and affiliates, which may contain terms and conditions that are different from these Terms of Use. You should read the terms and conditions and privacy policies on each such website, as your accessing such website constitutes your agreement to be bound by the terms and conditions and privacy policies contained in such website.

Third-Party Links

This Website may contain links to third-party websites that are not under the control of or maintained by Neutron, including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of Neutron and Neutron is not responsible for the contents of any Linked Site. Neutron does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the Linked Sites, you do so at your own risk. In no event shall Neutron be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.

Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Neutron shall not be responsible or liable for any part of any such dealings or promotions.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS without any warranties of any kind. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEUTRON DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, or third party rights arising our of course of conduct or trade custom or usage. You understand and agree that the operation of the site may involve bugs, errors, problems, or other limitations. Neutron HAS no liability whatsoever for your use of the WEBSITE or use of any information or services accessed through the website. No advice or information, whether oral or written, obtained by you from NEUTRON through the website shall create any warranty, representation, or guarantee of any kind.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL NEUTRON BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Choice of Law and Forum

These Terms of Use shall be controlled by the laws of the State of Utah, giving no effect to choice of law provisions.

Termination/Access Restriction

These Terms of Use shall remain in full force and effect while you use the Website. Neutron may restrict, suspend, or terminate your access to all or any part of our Website at any time and for any reason. Neutron also has the right to refuse, move, or remove any material that you submit on or through the Website, and to establish general practices and limits concerning use of the Website. Neutron reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website, including but not limited to, technology barriers, IP mapping, and direct contact with your Internet service provider.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Neutron to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Severability

If any provision of these Terms of Use shall be adjudged by any arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact

Any questions about these Terms of Use should be directed to Neutron Interactive at terms@neutroninteractive.com.