Terms of Use

1. Acceptance of these terms

These Terms of Use form a binding agreement between you and PC MAW Media governing your use of pcmaw.com and any content, feature or service made available through it. By accessing the site you accept them. If you do not accept them, please do not use the site.

Where you engage us for professional services, these Terms apply together with the written statement of work for that engagement. If the two conflict, the statement of work prevails for that engagement only.

2. Definitions

• “Content” means all text, images, charts, benchmark data, code samples, layouts, designs and other materials published on the site.
• “Services” means the professional services described on our services page.
• “Statement of Work” means the written document describing deliverables, timing and fees for a specific engagement.
• “User Content” means anything you submit to us, including messages, corrections, feedback and materials supplied for an engagement.
• “you” means the individual using the site and, where you act for an organisation, that organisation.

3. Eligibility and accounts

You must be at least 16 years old to use this site, and at least 18 to engage our Services or enter into any contract with us. By using the site you confirm that you meet the applicable threshold and that you have authority to bind any organisation you act for.

The site does not currently require an account for public content. Where we provide credentials for a client portal or staging environment, you are responsible for keeping them confidential and for all activity carried out under them, and you must tell us promptly if you believe they have been compromised.

4. Permitted use of the site

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Content for your own personal or internal business use. Within that licence you may:

• read, print and save copies of articles for your own reference;
• share links to any page, anywhere, without asking us;
• quote from articles in accordance with section 7;
• use published code samples in your own projects, including commercially, subject to section 6.3.

5. Prohibited conduct

You must not:

1. republish substantial portions of the Content, whether or not attributed, except as section 7 allows;
2. use the Content to train, fine-tune or evaluate a machine-learning model without our prior written permission;
3. scrape, crawl or harvest the site by automated means beyond what our robots.txt permits, or at a rate that degrades service for others;
4. circumvent, disable or interfere with any security or access-control feature;
5. introduce malware, attempt unauthorised access, or probe the infrastructure for vulnerabilities without a written invitation from us;
6. remove, obscure or alter any copyright, byline or attribution notice;
7. present the Content in a way that implies we endorse a product, service or organisation that we have not endorsed;
8. use the site for anything unlawful, or in breach of any applicable export control or sanctions law;
9. impersonate PC MAW, any of our authors, or any other person.

6. Intellectual property

6.1 Ownership

All Content is owned by PC MAW Media or licensed to us, and is protected by copyright, database rights, trade mark law and other intellectual property laws. The PC MAW name and logo are our trade marks. Nothing in these Terms transfers ownership of anything to you.

6.2 Benchmark data

Benchmark results, charts and measurement tables are the product of substantial investment and are protected both as copyright works and, where applicable, as database rights. You may cite individual figures with attribution and a link. You may not reproduce a complete dataset or chart, nor create a derivative dataset that substitutes for ours.

6.3 Code samples

Unless an individual article says otherwise, code samples we publish are released under the MIT Licence. You may use them commercially without attribution, and they are provided without warranty of any kind.

6.4 Third-party materials

Some images, fonts and libraries used on this site belong to third parties and are used under licence. Those materials remain the property of their owners and are not covered by any permission we give you.

7. Quoting, citing and republishing

We want our work cited. These are the standing permissions — no need to write and ask:

Requests go to [email protected]. We answer within five working days, and we say yes more often than you might expect for educational and non-commercial use.

8. Comments and submissions

When you send us User Content — a correction, a suggestion, feedback on an article — you keep ownership of it, and you grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce and publish it in connection with the site and our Services. You confirm that you have the right to grant that licence and that the material does not infringe anyone’s rights.

We may edit submissions for length and clarity, decline to publish anything, and remove published User Content at our discretion. We are not obliged to monitor submissions, and we accept no responsibility for opinions expressed in them.

Materials you supply for a professional engagement are treated as confidential and are governed by section 9 rather than this section.

9. Terms for professional services

9.1 Scope

Every engagement is governed by a written Statement of Work setting out deliverables, timing, assumptions, dependencies and fees. Work outside that scope is quoted separately and requires your written approval before it begins. We do not absorb scope changes silently and we do not proceed on a verbal instruction alone.

9.2 Your responsibilities

You agree to provide accurate information, timely access to systems and materials, and responses to questions within a reasonable period. Where a delay on your side affects the timetable, dates move by a corresponding period. You confirm that you have the right to grant us access to anything you give us access to.

9.3 Confidentiality

Each party will keep the other’s confidential information in confidence, use it only for the engagement, and protect it with at least the care it applies to its own confidential information. This obligation survives the engagement by three years, and indefinitely for anything that is a trade secret.

9.4 Ownership of deliverables

On payment in full, all deliverables created specifically for you become yours. We retain ownership of our pre-existing tools, methods, templates and know-how, and grant you a perpetual, non-exclusive licence to use those elements to the extent they are embedded in a deliverable. There are no licence-back clauses and no dependency on tooling we control.

9.5 Warranty and remedy

We warrant that Services will be performed with reasonable skill and care, in accordance with the Statement of Work. If work does not meet that standard and you tell us within thirty days of delivery, we will re-perform it or refund the fee for the affected part, at your election. That is your exclusive remedy for defective Services.

10. Fees, payment and refunds

• Fees are as stated on our pricing page or in the Statement of Work, and exclude VAT and other applicable taxes unless stated otherwise.
• One-off engagements are invoiced 50% on signature and 50% on delivery. Recurring plans are invoiced monthly in advance.
• Invoices are payable within fourteen days. Overdue amounts may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
• We may suspend work on an engagement with overdue invoices, after giving you seven days’ written notice.
• Recurring plans may be cancelled with thirty days’ written notice. There is no exit fee, and we will export and hand over your data on request.
• Card payments are processed by a third-party processor under its own terms. We never receive or store your full card details.

11. Advertising and sponsored content

Sponsored content is labelled at the top of the article and in every listing where it appears, and outbound sponsor links carry the rel="sponsored" attribute. Sponsors receive a publication date and a factual accuracy check limited to statements about their own product. They do not see drafts, do not approve copy and cannot influence a verdict.

We do not remove or rewrite published articles at a sponsor’s request. Where a factual error is identified, we correct it and add a dated correction note. Advertising bookings are subject to our separate media terms, available on request.

12. Third-party links and materials

The site links to third-party websites, products and services. Those links are provided for convenience and do not constitute endorsement. We do not control third-party sites, we do not review their content on an ongoing basis, and we accept no liability for them. Your dealings with any third party are solely between you and that third party.

13. Availability and changes to the site

We aim to keep the site available but do not guarantee uninterrupted access. We may suspend, withdraw or restrict all or part of the site for business or operational reasons, and may change, update or remove Content at any time without notice.

Where an article is materially updated, we note the change and its date. Where an article is withdrawn, we normally keep the URL live with an explanation rather than returning an error.

14. Disclaimer of warranties

To the fullest extent permitted by law, the site and its Content are provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the Content is complete, current or error-free, that the site will be uninterrupted or secure, or that any defect will be corrected. Technical information dates quickly; benchmark results reflect specific hardware, firmware and software at a specific time. See the Disclaimer for the detail.

15. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded.

Subject to that:

• we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, business, goodwill, data or anticipated savings, however arising;
• our total aggregate liability arising out of or in connection with your use of the site is limited to USD 100;
• our total aggregate liability in connection with an engagement for Services is limited to the fees you paid us for that engagement in the twelve months preceding the claim.

Some jurisdictions do not allow certain exclusions, in which case the exclusions apply only to the extent permitted there.

16. Indemnity

You agree to indemnify and hold harmless PC MAW Media, its officers, employees and contributors against any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the site, your User Content, or your violation of any law or third-party right. We will notify you promptly of any claim and allow you to control the defence, provided any settlement that imposes an obligation on us requires our written consent.

17. Suspension and termination

We may suspend or terminate your access to the site immediately, without notice, if you breach these Terms in a way that is material or repeated. On termination, the licence in section 4 ends and you must stop using the Content. Sections 6, 8, 14, 15, 16, 18 and 19 survive termination.

18. Governing law and disputes

These Terms and any dispute arising out of them are governed by the laws of the State of New York, United States, without regard to conflict-of-law rules. The courts of Onondaga County, New York have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property.

If you are a consumer resident in the European Union or the United Kingdom, nothing here deprives you of the protection of mandatory consumer law in your country of residence, or of the right to bring proceedings in your local courts.

Before starting formal proceedings, both parties agree to attempt resolution in good faith by writing to the other and allowing thirty days for a response. Most disputes are resolved at that stage.

19. General provisions

• Entire agreement. These Terms, together with any Statement of Work and the policies linked from them, are the entire agreement between us on their subject matter.
• Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary and the rest remains in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of assets, on notice to you.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, provided it notifies the other and resumes performance as soon as practicable.
• Notices. Notices to us go to [email protected] and to the postal address above. Notices to you go to the email address you last gave us.
• Changes. We may amend these Terms. Material changes take effect thirty days after we post the revised version and update the effective date. Continued use after that constitutes acceptance.

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How to reach us about this document

Questions, complaints and requests relating to this policy should go to our legal contact rather than the general inbox, so they are logged and tracked properly:

• Email: [email protected]
• Post: PC MAW Media, 44 Kestrel Lane, Suite 12, Syracuse, NY 13202, United States
• Response time: five working days for acknowledgement, thirty days for substantive resolution

You can also use the contact form and select the closest topic. Related documents: Privacy Policy, Terms of Use, Cookie Policy, Disclaimer and DMCA Notice.