Terms of Service

A Note from Billy

Welcome to RGalleon. Here, we believe in the power of the individual. We believe that individuals can be empowered through Statistics. We believe in the power and importance of R, a free open source statistical analysis program. We believe that anyone can learn statistics and R. And we intend to prove to the world that this is truly possible. On the forums, we do ask that you treat our service and community with respect. Spam, personal attacks, and abusive language do not have a place on RGalleon. If you ever stumble across anything on RGalleon that looks like it violates our policies, please be sure to let us know.
Accepting the Terms of Service
RGalleon is a website where you can learn statistics and R. A forum is provided so that you can directly ask questions. A blog was also created so updates about the website and personal statistical investigations can be posted. Please read these terms of service (“Agreement”) carefully before using RGalleon or any services provided on the RGalleon. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You under the following terms and conditions:

1. Access to the Services
Subject to the terms and conditions of this Agreement, RGalleon may offer to provide the Services, as described more fully on the website, and which are selected by user, solely for user’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services RGalleon performs for the user, as well as the offering of any Content (as defined below) on RGalleon. RGalleon may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. RGalleon may also impose limits on certain features and services or restrict user’s access to parts or all of the Services without notice or liability. RGalleon reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the RGalleon and by providing notice via e-mail, where possible, or on the RGalleon. The user shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by the user following such modification constitutes user’s acceptance of the terms and conditions of this Agreement as modified.
User certifies to RGalleon that User is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on RGalleon (including, for example, a name, address, telephone number or email address). User also certifies that they are legally permitted to use the Services and access RGalleon, and takes full responsibility for the selection and use of the Services and access of RGalleon. This Agreement is void where prohibited by law, and the right to access RGalleon is revoked in such jurisdictions. RGalleon makes no claim that RGalleon may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access RGalleon from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
RGalleon will use reasonable efforts to ensure that the Network and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when RGalleon and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by RGalleon to minimize such disruption where it is within RGalleon’s reasonable control.
You agree that RGalleon will not be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of RGalleon, the forum, the blog, or other Content.
RGalleon retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access RGalleon or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Network Content
RGalleon and its contents are intended solely for the use of the RGalleon users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on RGalleon, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of William Franz Lamberti and/or third parties and are protected by United States and international copyright laws.
All trademarks, service marks, and trade names are proprietary to RGalleon and/or third parties. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
RGalleon is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement. User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
User may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that User maintains all copyright and other notices contained in such Content.
Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from RGalleon, or from the copyright holder identified in such Content’s copyright notice. In the event You download software from RGalleon, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by RGalleon or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. RGalleon or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

3. Subscriber Content
You agree that all User Content that You contribute to the Network is perpetually and irrevocably licensed to RGalleon under the Creative Commons Attribution Share Alike license. You grant RGalleon the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Content and to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such User Content has been contributed and subsequently removed by You. User warrants, represents and agrees User has the right to grant RGalleon the rights set forth above. User represents, warrants and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Content violates any of sections (a) to (e) of this sentence. RGalleon reserves the right to remove any User Content from the Network, re-post to Rgalleon any User Content removed by any User or former User, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to RGalleon under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if RGalleon is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
In the event that You post or otherwise use User Content outside of the Network or Services, with the exception of content entirely created by You, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:
a. You will ensure that any such use of User Content visually displays or otherwise indicates the source of the User Content as coming from RGalleon. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.
b. You will ensure that any such Internet use of User Content includes a hyperlink directly to the original question on the source site on the Network (e.g., http://www.rgalleon.com/dwqa-questions/)
c. You will ensure that any such use of User Content visually display or otherwise clearly indicate the author names for every question and answer so used.
d. You will ensure that any such Internet use of User Content Hyperlink each author name directly to the Stack Exchange domain, in standard HTML (i.e. not through a Tinyurl or other such indirect hyperlink, form of obfuscation or redirection), without any “nofollow” command or any other such means of avoiding detection by search engines, and visible even with JavaScript disabled.

4. Restrictions
User is responsible for all of its activity in connection with the Services and accessing RGalleon. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of User’s right to Services or to access RGalleon. User may not 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 Rgalleon or Service user.
Use of the RGalleon or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use RGalleon or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of RGalleon or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of RGalleon, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.

5. Warranty disclaimer
RGalleon has no special relationship with or fiduciary duty to User. User acknowledges that RGalleon has no control over, and no duty to take any action regarding: which users gains access to RGalleon; which Content User accesses via RGalleon; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. Much of the Content of RGalleon is provided by and is the responsibility of the user who posted the Content. RGalleon does not monitor the Content of the Network and takes no responsibility for such Content. User releases RGalleon from all liability for User having acquired or not acquired Content through RGalleon. RGalleon may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. RGalleon makes no representations concerning any content contained in or accessed through the RGalleon, and RGalleon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through RGalleon.
Although RGalleon will make reasonable efforts to store and preserve the material residing on RGalleon, RGalleon is not responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on RGalleon. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on RGalleon.
The Services, Content, and any Software 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. RGalleon makes no representations or warranties of any kind with respect to RGalleon, the Services, including any representation or warranty that the use of RGalleon or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, RGalleon disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on RGalleon. By using RGalleon, you acknowledge that RGalleon is not responsible or liable for any harm resulting from (1) use of RGalleon; (2) downloading information contained on RGalleon including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by users; (4) the temporary or permanent inability to access or retrieve any User Content from RGalleon, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

6. Third party websites
Users of RGalleon may gain access from RGalleon to third party sites on the Internet through hypertext or other computer links on the Network. Third party sites are not within the supervision or control of RGalleon. Unless explicitly otherwise provided, RGalleon will not make any representation or warranty whatsoever about any third party site that is linked to RGalleon, or endorse the products or services offered on such site. RGalleon disclaims: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against RGalleon with respect to such sites and third party content.

7. Indemnity
User will indemnify and hold RGalleon, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to RGalleon, use of the Services, the violation of this Agreement by User, or the infringement by User, of any intellectual property or other right of any person or entity.

8. Limitation of liability
In no event shall RGalleon, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to RGalleon for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of RGalleon, errors or omissions; or (d) damages related to downloading or posting Content. RGalleon’s collective liability under this agreement shall be limited to one hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User.

9. Termination
Either party may terminate the Services at any time by notifying the other party by any means. RGalleon may also terminate or suspend any and all Services and access to RGalleon immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User’s account, User’s right to use the Services, access RGalleon, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of RGalleon and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to RGalleon, including without limitation any indemnification obligations contained herein.

10. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between You, RGalleon with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. 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. RGalleon shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RGalleon’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with RGalleon’s prior written consent. RGalleon may assign this Agreement in whole or in part at any time without User’s consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Stack Exchange in any respect whatsoever. Any notice to RGalleon that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to billy@rgalleon.com.

Thank you. We hope that RGalleon is useful for you!