PCWorld.com Terms of Service

Welcome to PCWorld.com (the "Site"), an online service of PC World Communications, Inc. ("PCWCI"). By using the Site you agree to the following terms and conditions.

The Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the "Content") are the property and copyrighted material of PCWCI, its licensors and vendors. "Content" also includes any material from the Site that PCWCI delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by the copyright laws, in this Agreement, or in the Site's Permission Services section.

"PC World," "PCWorld.com" and all other PCWCI logos, product names and trade names are trademarks or registered trademarks of PCWCI. ALL trademarks used on the Site are the property of their respective owners. The PCWCI trademarks may be used only with the express permission of PCWCI.

If you download any software from the Site, including but not limited to shareware, freeware, commercial demonstrations, and files downloaded from servers linked to but not affiliated with the Site ("Software"), you agree that you will not (and will not permit any third party to) remove or obscure any copyright, trademark or other proprietary notices or legends or any end-user terms and conditions from any copy of such Software.

You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that (1) is defamatory, libelous, obscene, indecent, abusive or threatening to others; (2) infringes the copyright, trademark or other right of any third party; (3) uploads viruses or other contaminating or destructive features; (4) is commercial in nature; or (5) is in violation of any applicable laws or regulations. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify PCWCI, its officers and employees from and against all claims, liabilities, judgments, damages and costs (including attorney's fees) which arise out of materials you have posted on the Site. If PCWCI becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material.

You grant to PCWCI the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.

You may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by PC World) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

By using the Site you acknowledge and agree that PCWCI and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither PCWCI nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither PCWCI nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

It is the policy of PCWCI to respond expeditiously to claims of intellectual property infringement. PCWCI will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millenium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. PCWCI will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to copyright@pcworld.com or the person or entity at the addresses and telephone number below:

ANY INFORMATION, PRODUCT (INCLUDING SOFTWARE) OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PCWCI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE AND NEITHER REPRESENTS NOR WARRANTS THAT ANY SOFTWARE DOWNLOADED FROM THE SITE OR ANY LINK THERETO WILL BE ERROR-FREE OR VIRUS-FREE.

PCWCI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF PCWCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You understand that user-posted material expresses the views of that user and not the view of PCWCI, and that except as otherwise stated in this Agreement, PCWCI does not undertake to review, screen or approve user-posted material.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that PCWCI is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by PCWCI of that Web site.

The Site includes Content concerning computer hardware, software and related products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

PCWCI reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.

PCWCI reserves the right to change the Site at any time at its sole discretion without notice to users. PCWCI may deny access to the Site to anyone at any time.

This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by PCWCI, its licensors or vendor in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applied to contracts entered into and performed within California.

Disputes concerning this Site or this Agreement will at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in San Francisco, California before a single arbitrator selected in accordance with such Rules. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties. The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including without limitation injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.