Last updated on 7/5/2007
ACCEPTANCE OF TERMS
By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the
Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document
discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the
changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the
authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded
redOkra, its affiliates and agents ("redOkra") make this Web site and all other websites of redOkra with links to the
FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications,
content, tools, resources, software, code, programs and products made available or enabled via the Site by redOkra or
users of this Site. "Services" means all services and resources offered or enabled via the Site by redOkra and users of
this Site, including download areas, developer tools services, product and other information services and communications
services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user to user
forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable
you to communicate with others (collectively, "Communications Venues"). All Materials provided by redOkra are referred
to collectively as "redOkra Materials". All user-supplied Materials are referred to collectively as "User Materials".
Certain Services may involve collaboration and file-sharing services among a specified group. Materials posted by users
in such group in conjunction with such collaboration and file-sharing Services are referred to collectively as "Shared
Content". The group of persons among which such collaboration and file sharing involving Shared Content takes place is
referred to herein as the "Work Group". All User Materials that are not Shared Content shall be referred to herein as
"User Content". redOkra Materials and User Materials may have different restrictions and conditions associated with them
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents,
trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"),
provided herein, redOkra and its suppliers do not grant any express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease,
loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services,
any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering
and extraction methods in connection with the Site, Services or Materials.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of redOkra or other third
parties. You are not permitted to use the Marks without the prior written consent of redOkra or such third party that
may own the Marks. redOkra and the redOkra logo are trademarks of redOkra.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in
order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and
reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the
Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the
particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing
or using the Site, Services or Materials, you agree that you shall not:
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such
the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. redOkra offers
no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including
any liability resulting from incompatibility between a Third-Party Service, redOkra Materials, redOkra provided Services
or another Third-Party Service. You agree that you will not hold redOkra responsible or liable with respect to the
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information
or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or
networks connected to any redOkra server or to the Site without authorization from redOkra, whether through hacking,
password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights
notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not
intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary
licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems
resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or
- Transmit unsolicited or bulk communications to any redOkra account holder or to any redokra.net or affiliated e-mail
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment,
software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced,
distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites,
Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any redOkra server or the
network(s) connected to any redOkra server.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively
violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any
portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to
any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or
unsolicited messages (commercial or otherwise).
- Violate the rights of redOkra or any third party (including rights of privacy and publicity) or abuse, defame, harass,
stalk or threaten another.
- Use any redOkra domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or
services), unless specifically allowed to do so by redOkra.
Certain Services and Materials will only be made available to users who have paid redOkra a fee for such Services and
Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that
Venues may be required, in redOkra's sole discretion, to agree to a separate legal agreement on the Site or otherwise.
redOkra, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time.
redOkra may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any
Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to
your use of a Service or Material, or the substance of any of your posted or submitted Materials, as redOkra deems
necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care
when disclosing any personally identifiable information about yourself or your children in any Services or when you post
or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the
designated registration process for such Service or Material. All required registration information that you provide must
be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user
name and password for such account. It is your sole responsibility to keep your account number, user name, password and
other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach
of security, you shall notify redOkra immediately. If any Services or Materials provide password-restricted access to
your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and
setting up a password-restricted account for such Services or Materials, you consent to redOkra's display of such
information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF REDOKRA MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the redOkra Materials and
User Content available on this Site subject to the following conditions:
Use of the redOkra Materials or User Content for any other purpose is expressly prohibited and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- The redOkra Materials and User Content may be accessed and used solely for personal, informational, non-commercial
and internal purposes.
- The redOkra Materials and User Content may not be modified or altered in any way.
- The redOkra Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or
otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the redOkra Materials and User Content.
- You may not copy or distribute any graphics in the redOkra Materials or User Content apart from their accompanying
- You will not quote or display redOkra Materials or User Content, or any portions thereof, out of context.
- redOkra reserves the right to revoke the authorization to view, download and print the redOkra Materials and User
Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from redOkra.
- The rights granted to you constitute a license and not a transfer of title.
- redOkra Materials and User Content comprised of Software are subject to the additional provisions governing Software
set forth herein.
- Any redOkra Materials or User Content made available only upon payment of a fee or execution of a separate agreement
may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
- Any redOkra Materials or User Content acquired upon your execution of a required separate agreement shall be provided
with the additional rights and obligations set forth in that agreement, and your rights to such redOkra Materials or User
Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or
The rights specified above to view, download and print the redOkra Materials and User Content available on this Site are
not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law,
including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in
part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by redOkra.
In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether
redOkra Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for
display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with
the work expressly permitting such uses.
RESTRICTION AND TERMINATION OF USE
redOkra may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials
at any time in redOkra's sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites").
The Linked Sites are provided by redOkra to you as a convenience and the inclusion of the links do not imply any
endorsement by redOkra of any Linked Site. redOkra has no control of the Linked Sites and you therefore acknowledge and
agree that redOkra is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any
changes or updates to a Linked Site. You further acknowledge and agree that redOkra is not responsible for any form of
transmission (e.g. webcasting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS
EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, REDOKRA MAKES NO
WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE,
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS
PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR
MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. REDOKRA
MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS
LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND
REDOKRA MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) REDOKRA DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR
SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii)
REDOKRA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii)
ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) REDOKRA SHALL NOT BE LIABLE OR
RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
REDOKRA DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH
REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY
SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED REDOKRA SPOKESPERSONS, AND THEIR VIEWS
DO NOT NECESSARILY REFLECT THOSE OF REDOKRA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REDOKRA WILL HAVE NO LIABILITY
RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
REDOKRA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM
THAT RESULTS FROM SUCH ACTIVITIES. REDOKRA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT
IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REDOKRA OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT
ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to redOkra products, services and
programs that are not available in your country. These references do not imply that redOkra intends to announce such
products, services or programs in your country. The Site is controlled, operated and administered by redOkra from its
offices within the United States of America. redOkra makes no representation that the Site, the Services or Materials are
appropriate or available for use at other locations outside the United States, and access to the Site from territories
where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the
United States, you are responsible for compliance with all local laws. See the section on export control laws below for
PERSONAL INFORMATION AND PRIVACY
redOkra will use and protect your data, such as your name and address, in accordance with the redOkra Online Privacy
must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the redOkra
LIMITATION OF LIABILITY
IN NO EVENT SHALL REDOKRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF REDOKRA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS
OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD
PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS
SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT;
(7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR
(9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
redOkra will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights
of others. redOkra will investigate notices of copyright infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has
been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or
on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA,
written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which
must contain the following elements:
redOkra's Designated Agent for Notice of claims of copyright infringement can be reached as follows:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content
in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the redOkra site;
- Information sufficient to permit redOkra to contact you, such as your physical address, telephone number, and e-mail
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the
copyright owner or authorized to act on the copyright owner's behalf.
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or
in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be
SPAM E-MAIL AND POSTINGS
In the event of your or others' access to or use of the Site, Services or Materials in connection with the transmission
redOkra would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy;
therefore you agree that redOkra is entitled to obtain immediate injunctive relief against any such transmission (in
addition to all other remedies available at law or in equity). redOkra may without restriction block, filter or delete
ADVERTISEMENTS AND PROMOTIONS
redOkra may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or
mode and to any extent. Your communications, activities, relationships and business dealings with any third parties
advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters
between you and such third parties. You acknowledge and agree that redOkra is not responsible or liable for any loss or
damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-redOkra
advertisers on the Site or in connection with the Services or Materials.
INDEMNITY AND LIABILITY
You agree to indemnify and hold redOkra and its officers, co-branders, other partners and employees harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User
Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site
(including a third party's use of such User Materials or content (e.g. reliance on the accuracy, completeness or
usefulness of your User Materials)); (b) your access to or use of the Site, Services or Materials (including any use by
your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not
actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection
Group; (f) your infringement of any third party's Intellectual Property Rights when using any of the Software made
available on the Site, Services or in any Materials; (g) your violation of any rights of any third party; (h) your
access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties
advertising or promoting via the Site, Services or Materials.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by redOkra from its offices within the state of Kentucky, United
States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site
shall be governed by the statutes and laws of the State of Kentucky, without regard to the conflicts of laws principles
thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also
agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Mccracken County and
the United States District Court for the Western District of Kentucky with respect to such matters.
Materials and Services constitute the entire agreement between redOkra and you with respect to your access to or use
of the Site, Materials and Services superseding any prior agreements between you and redOkra on such subject matter
("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be
subject to additional terms and conditions that may apply when you use other redOkra services, third party content or
redOkra's prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of
Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
convenience and carry with them no legal or contractual effect.