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Terms of Service

The gist:

We (Paragon Consulting Services) run an online digital magazine called Open Source Database Magazine and would love for you to use it. There is both free and for-pay content available on the website. Our goal is to provide the best content available about open source databases such as MySQL, PostgreSQL, Cassandra, Hadoop, Firebird and others.

The following terms and conditions govern all use of the http://www.osdbzine.net website and all content, services and products available at or through the website, including, but not limited to, the website http://www.osdbzine.net (“The Website”). The Website is owned and operated by Paragon Consulting Services. (“Paragon Consulting Services”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Paragon Consulting Services’ Privacy Policy) and procedures that may be published from time to time on this Site by Paragon Consulting Services(collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Paragon Consulting Services, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your http://www.osdbzine.net Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Paragon Consulting Services of any unauthorized uses of  your account or any other breaches of security. Paragon Consulting Services will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
    Without limiting any of those representations or warranties, Paragon Consulting Services has the right (though not the obligation) to, in Paragon Consulting Services’ sole discretion (i) refuse or remove any content that, in Paragon Consulting Services’ reasonable opinion, violates any Paragon Consulting Services policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Paragon Consulting Services’ sole discretion. Paragon Consulting Services will have no obligation to provide a refund of any amounts previously paid.
  2. Fees and Payment. Optional paid products including the Open Source Database Magazine are available on the Website. By selecting a paid product or service you agree to pay Paragon Consulting Services the fees indicated for that product or service. Payments will be charged on the day you purchase a product or service.
  3. Responsibility of Website Visitors. Paragon Consulting Services has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Paragon Consulting Services does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Paragon Consulting Services disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which http://www.osdbzine.net  links, and that link to http://www.osdbzine.net. Paragon Consulting Services does not have any control over those non-Open Source Database websites and web pages, and is not responsible for their contents or their use. By linking to a non-Open Source Database website or webpage, Paragon Consulting Services does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Paragon Consulting Services disclaims any responsibility for any harm resulting from your use of non-Paragon Consulting Services websites and web pages.
  5. Copyright Infringement and DMCA Policy. As Paragon Consulting Services asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by http://www.osdbzine.net violates your copyright, you are encouraged to notify Paragon Consulting Services in accordance with the Digital Millenium Copyright Act (“DMCA”) Policy. Paragon Consulting Services will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Paragon Consulting Services or others, Paragon Consulting Services may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Paragon Consulting Services will have no obligation to provide a refund of any amounts previously paid to Paragon Consulting Services.
  6. Intellectual Property. This Agreement does not transfer from Paragon Consulting Services to you any Paragon Consulting Services or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Paragon Consulting Services. Paragon Consulting Services, Open Source Database Magazine, http://www.osdbzine.net, the Open Source Database Magazine logo, and all other trademarks, service marks, graphics and logos used in connection with http://www.osdbzine.net, or the Website are trademarks or registered trademarks of Paragon Consulting Services or Paragon Consulting Services’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Paragon Consulting Services or third-party trademarks.
  7. Changes. Paragon Consulting Services reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Paragon Consulting Services may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. Paragon Consulting Services may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://www.osdbzine.net account (if you have one), you may simply discontinue using the Website. 
  9. Disclaimer of Warranties. The Website is provided “as is”. Paragon Consulting Services and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Paragon Consulting Services nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability. In no event will Paragon Consulting Services, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Paragon Consulting Services under this agreement during the twelve (12) month period prior to the cause of action. Paragon Consulting Services shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Paragon Consulting Services Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless Paragon Consulting Services, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between Paragon Consulting Services and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Paragon Consulting Services, or by the posting by Paragon Consulting Services of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Rosa County, California. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Paragon Consulting Services may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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