1. Restrictions on Use of Materials
This section explains that the text, graphics, and design are the property of PEP Prototypes. We are protected by law and nothing can be freely copied and transmitted anywhere in the world. One copy of the site may be downloaded for personal, noncommercial home use.
This explains that our users assume the risk of use and that there is no warranty that operations will be free from error, and certain indirect or implied warranties are waived as well. Warranty waivers are limited by law and may not be upheld in a court of law. Essentially, business entities are not allowed to contract against their own negligence. This disclaimer statement is necessary because it will be upheld in certain jurisdictions, and certain entities may consider it as legally binding.
3. Limitation of Liability
It is standard practice for Web sites to include limitations of liability and damages in the disclaimers of warranties statement. In the event our users experience problems, there is a limit to the damages our company’s Web site could be held liable for. Depending on the jurisdiction, these limits give some degree of protection to our Web site. This section sets a limit on to what our Web site’s users pay for accessing our site.
4. Online Conduct
We have specific “rules of conduct” when utilizing our Web site and when they are not followed, our site legally has the authority to “pull the plug” on any violators of this rule. These requirements include, but are not limited to, such commonsense issues as no defamatory, obscene, or threatening conduct will be accepted. Another requirement is that the sender of e-mail to our Web site gives a license for us to use that communication. In essence, there is a loss of copyright protection by sending an e-mail and it is implied that our company has permission to post or even republish an e-mail. In addition, if our Web site were to host a chat room or use a guest moderator, we would usually deny any posted statements as not being representative of our ideas or opinions.
5. Third-Party Submissions
Our company is legally protected by the provisions of the Digital Millennium Copyright Act which stipulates that we are protected when users post material on our Web site which is copied from somebody else.
7. Linking from and to Our Web Site
This provision states that users assume the risk when they use links from our Web site to others. This may or may not legally be upheld depending on the facts that the host site obtains, In addition, links can’t be made to our Web site for commercial purposes, and our site can control any links which are made to it.
8. Termination of Use
We have a right to terminate any user who violates our rules of conduct.
9. Use by Children under 13 years of age
Our users must affirm that they are the right age and may be required to provide verification of birth date.
This stipulates that our users will indemnify (insure) our Web site against the illegal consequences of their conduct or breach of any of these rules.
This provision encompasses any area involved which is under intense litigation where law suits can be tried under a particular law.