Terms of Service
Welcome to Damage Control Resource Site for Maintaining the Oracle E-Business Suite ("Damage Control"), which is owned and operated by RingMaster Software Corporation ("RingMaster"). RingMaster maintains Damage Control as a service to its visitors, subject to the following terms and conditions concerning the use of Damage Control ("Terms of Use"). When you use Damage Control, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use Damage Control.
1. ACCEPTANCE OF TERMS
The web sites available to Damage Control (damagectrl.info, damagectrl.us.com, damagecontrol.us.com) are owned and operated by RingMaster and is accessed by you under the Terms of Use described below.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. DAMAGE CONTROL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DAMAGE CONTROL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
RingMaster reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, RingMaster will notify you by posting an announcement on Damage Control. What constitutes a "material change" will be determined at RingMaster's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, RingMaster may offer to provide certain services and content, as described more fully on Damage Control, ("Services"). Services shall include, but not be limited to, any service and content Damage Control performs for you, as well as the offering of any materials displayed, transmitted or performed on Damage Control or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). RingMaster may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. RingMaster may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You may view, download, and print contents from Damage Control subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Damage Control without the express written consent of RingMaster. You may not use any meta tags or any other "hidden text" utilizing Damage Control or RingMaster's name or trademarks without the express written consent of RingMaster. You may not use any RingMaster or Damage Control logo or other proprietary graphic or trademark as part of the link without express written permission.
4. YOUR REGISTRATION OBLIGATIONS
As a condition of using Services, you are required to register on Damage Control and select a password and screen name ("User ID"). You shall provide accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other an you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Damage Control reserves the right to refuse registration of, or cancel a User ID at its discretion. You shall be responsible for maintain the confidentiality of your password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Damage Control.
By a way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
- for an illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user;
- to create or submit unwanted e-mail ("Spam") to any other Site user or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the blog count, comments or any other Service, including by way of creating separate user accounts for the purpose of artificially altering the Services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of the Services;
- to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
Damage Control may remove any Content and account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: admin@damagectrl.info.
You are solely responsible for your interactions with other users of the Site. RingMaster reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.
7. COPYRIGHT COMPLAINTS
Damage Control respects the intellectual property of others. It is Damage Control's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Damage Control will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Damage Control may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Damage Control will terminate access for subscribers and account holders who are repeat infringers.
Notifying Damage Control of Copyright Infringement: To provide Damage Control notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" care of admin@damagectrl.info that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Damage Control with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that you material does not constitute infringement, you may provide Ringmaster with a counter notification by written communication attention of the "DMCA Counter Notification Department" at admin@damagectrl.info that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
8. PRIVACY POLICY
Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view the Privacy Policy to learn more about Damage Control's privacy guidelines. Damage Control's current Privacy Policy is incorporated by this reference.
9. INDEMNITY
You will indemnify and hold harmless RingMaster, its affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys' fees and costs) from (i) any claim or demand made by any third party due to or arising out of your access to Damage Cotnrol, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account of User ID, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that RingMaster has no control over, and no duty to take any action regarding: which users gain access to Damage Control or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release RingMaster from all liability for your having acquired or not acquired Content through Damage Control or Services. The Site or Services may contain, or direct you to sites containing information that some people may find offensive or inappropriate. RingMaster makes no representation concerning any content contained in or accessed throughout Damage Control or Services, and RingMaster will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Damage Control or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THAT ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RingMaster has no control over such sites and resources, you acknowledge and agree that RingMaster 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 RingMaster 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.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL RINGMASTER OR ITS SUPPLIERS BY LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. TERMINATION
RingMaster may terminate or suspend any and all Services and your Damage Control account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Damage Control account, you may simply discontinue to use the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind RingMaster in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. RingMaster shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RingMaster's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provisions of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with RingMaster's prior written consent. RingMaster may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Vermont. Terms of use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided within.
15. TRADEMARKS
RingMaster is a registered trademark of RingMaster Software Corporation. Other names appearing on the Site may be trademarks of their respective owners.
If you have any questions regarding these Terms of Use, please contact RingMaster at admin@damagectrl.info.