System Requirements Lab Terms of Use SRL banner
 

TERMS OF USE
Effective Date: November 10, 2005

Please Read Carefully Prior To Using This Website

I. Acceptance of Terms and Conditions
Use of this System Requirements Lab Website (this "Website") are governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you ("User") agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.

II. Intellectual Property Rights
1. Ownership
All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of Husdawg, LLC ("Husdawg"), its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of Husdawg except as provided in these terms and conditions.

2. Authorized and Prohibited Uses
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of Husdawg; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

3. User Content
Except as provided in Husdawg's Privacy Policy for this Website, any Content that User submits to this Website or Husdawg will be deemed to be non-confidential and nonproprietary and may be disclosed through this Website or other trade organizations to unknown persons on a worldwide basis without control by Husdawg, including for browsing, downloading, printing and other uses by such other persons or entities. User will not submit Content to this Website or Husdawg except for that which is fully authorized for purposes of this Website and these terms and conditions, and User will not infringe upon any person's Intellectual Property Rights in connection therewith. User has the burden of determining the extent to which Content submitted by User is protected by applicable intellectual property laws. Husdawg shall have the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, display, link to or use, in any form or media, any Content that User submits to this Website or Husdawg. Husdawg does not endorse any User (or third party user) Content, product or service that may appear on this Website. Nothing in these terms and conditions shall obligate Husdawg to use any Content submitted by User, or to include or post such Content on this Website.

4. Digital Millennium Copyright Act Compliance
Husdawg respects the rights of all copyright holders and in this regard, Husdawg has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If User believes that User's work has been copied in a way that constitutes copyright infringement, please provide Husdawg's Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) Identification of the Content 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 the information reasonably sufficient to permit Husdawg to locate the Content;
(d) Information reasonably sufficient to permit Husdawg to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact Husdawg's Copyright Agent at:

Husdawg, LLC
4364 Town Center Blvd, Suite 316
El Dorado Hills, CA 95762

III. Website and Registration Administration
1. Access Arrangements and Fees
User's use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by Husdawg in its discretion. User is responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for User to access or use this Website. Husdawg charges no fee at this time for using this Website, but reserves the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by User and Husdawg or unless otherwise required by Husdawg. Husdawg shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

2. Linking
No link shall be made to any page of this Website except a direct link to the top page (www.srtest.com) without framing. In addition, any link to this Website must be immediately followed by notice to Husdawg via e-mail at the Link email address listed on the bottom of this page. Moreover, in the event Husdawg deems User's linking practices in relation to this Website to be inappropriate, Husdawg may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Husdawg relating thereto. Please use an official System Requirements Lab web banner from Husdawg, (URL: http://www.srtest.com) when linking to this Website. Upon notification of Husdawg as provided above, User may use such web banner solely in connection with the link unless and until Husdawg gives notice that User must stop using the web banner and/or discontinue linking to this Website. All uses of the Husdawg banner shall be subject to User's adherence to Husdawg's current Trademark and Logo Usage Guidelines.

3. Authority of Website Administrator
Husdawg may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. Husdawg may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.

4. Good Samaritan Policy
It is Husdawg's policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. Husdawg will, in good faith, make its best efforts to remove, disable, or restrict access to or the availability of content on the Website that, in Husdawg's subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Husdawg any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.
If you believe that someone has violated this policy, we ask you to promptly notify us by Abuse email address located at the bottom of this page. You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

5. Import/Export Control
User will not submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

IV. User Requirements and Obligations
1. Compliance
User will comply with all applicable laws in connection with its use of this Website.

2. Unsuitable Content and Conduct
User will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to Husdawg.

3. Functional Compatibility and System Abuse
User will submit only Content and material that is functionally and technically compatible with this Website. User will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of Husdawg with a virus or other malicious computer program. User will only use this Website for the permitted purposes stated in these terms and conditions, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, User agrees not to send, create or reply to so called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited e-mailing for business or other purposes) or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. User is prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If User becomes involved in any violation of system security, Husdawg reserves the right to release User's details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

4. User Cooperation and Notification
User will cooperate with all reasonable requests of Husdawg and will notify Husdawg promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.

5. Third Party Sites and Other Information
This Website may contain as a convenience to User, Content, links and other information submitted by third parties over whom Husdawg has no control or responsibility, as well as translations thereof which Husdawg may arrange. Husdawg has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of Husdawg, and User acknowledges that (whether or not such sites are affiliated in any way with Husdawg) Husdawg is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Husdawg or any association with its operators. Moreover, Husdawg has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.

6. Warranty Disclaimers, Limitations on Liability and Remedies
THIS WEBSITE ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT THE SOLE RISK OF USER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HUSDAWG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

HUSDAWG WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUSDAWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HUSDAWG WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF HUSDAWG WILL BE LIMITED TO, IN THE SOLE DISCRETION OF HUSDAWG, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY HUSDAWG FROM USER.

7. Indemnification
User will defend, indemnify and hold harmless Husdawg and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User's use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.

V. Miscellaneous
1. Separate Terms and Conditions
In connection with User's use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to these terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.

2. Privacy Policy
Husdawg is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy for the System Requirements Lab at http://content.systemrequirementslab.coms3.amazonaws.com/global/assets/docs/privacy.html (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions.

3. Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Policy), Husdawg and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Husdawg has no obligation to become involved in any dispute between a User and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the state of California without regard to its conflict of law principles. Husdawg and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Husdawg is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision.

4. Modification of Terms and Conditions, Etc.
These terms and conditions and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. Husdawg will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these terms and conditions occasionally, or at least every thirty (30) days. User's continued use of this Website subsequent to Husdawg's notice of modification of these terms and conditions shall constitute User's acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. User's obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website, any Content of User on this Website, or these terms and conditions.

5. Contact Information
If you have any questions regarding these Terms of Use or this website, please contact Husdawg at

Husdawg, LLC
4364 Town Center Blvd, Suite 316
El Dorado Hills, CA 95762