Last updated October 18, 2012
1.2 When using our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept full responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
2.1 Our Site, including its past, present and future versions; all pages found within our Site; the material and information on the our Site; all graphics, text, images, audio, videos, designs, compilation, user interfaces, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on our Site (the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to us, and are protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the our Site or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on our Site. All rights not expressly granted are reserved.
2.2 Our Site and the Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. We do not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by us and are provided solely for convenience to our customers and users. We reserve the right to monitor, restrict access to, edit or remove any Content available published on our Site.
2.3 You may not use our Site or the Content for any purpose or in any manner that infringes the rights of any third parties. We encourage you to report any content on our Site that you believe infringes your copyright. If you would like to submit a copyright infringement complaint, please send an email to email@example.com.
2.4 Trademarks. graphics, logos, page headers, button icons, scripts, and service names are our trademarks, registered trademarks or trade dress in the U.S. and/or other countries. Except for the link logos as provided by us, you may not use our corporate logo or any other brand feature to link to our Site or otherwise without our prior written permission.
You are granted a limited license to access and make personal use of our Site and to display on your computer, print and download the Content on our Site solely for your own personal, non-commercial use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on our Site are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Our Site and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way for any commercial purpose, without our express prior written authorization. Unauthorized use of our Site or the Content contained on or available through our Site or any linked websites may violate applicable intellectual property laws or other laws.
4.1 We appreciate hearing from you. You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information (“Communication”) provided that the Communication is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You acknowledge and agree, that any Communication will be treated as non-proprietary and non-confidential material, and that we are free to use or disseminate such contributed content on an unrestricted basis for any purpose. You grant us an irrevocable, worldwide, perpetual, royalty-free and fully sub-licensable license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Communication in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
4.2 You should always use caution when submitting personal identifiable information about yourself or third parties. You represent and warrant that you own or otherwise control all of the rights to each Communication that you post; that the Communication is accurate; that use of the Communication you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Communication you supply. We have the right but not the obligation to monitor and edit or remove any activity or Communication. We take no responsibility and assume no liability for any Communication posted by you or any third party.
5. Links to Third Party Websites and Links to Our Site
5.1 Our Site may contain links and references to third parties websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave our Site and access Linked Websites, you do so at your own risk and we will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. We have not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply our approval or endorsement of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain our logo, are independent websites, and we do not control the content on that Linked Website. Additionally, we are not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from us, by way of reference or link provided on our Site.
5.2 We greatly appreciate your efforts in letting your clients know about us. Without derogating from Section 2.4 above, you may link to our Site by using a text link and linking to our Site homepage. Linking directly to any other webpage or content within our Site is prohibited without our prior written permission. We only consent to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the websites or use other techniques that alter in any way the visual presentation or appearance of any content within our Site; (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us; (iv) imply that we approve or endorse you, your website, or your services or product offerings; (v) present false or misleading impression about us or otherwise damage the goodwill associated with our name or trademarks; (v) use our trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize our name, trademarks, service marks, colors, logos or any other brand features of us, nor your relationship with us for purposes of or in any manner which intentionally gives rise to advertising or publicity without our prior written permission. As a further condition to being permitted to link to our Site, you agree that we may at any time, in our sole discretion, terminate permission to link to our Site. In such event, you agree to immediately remove all links to our Site and to cease using any of our trademarks. We reserve the right to disable any unauthorized links or frames and disclaim any responsibility for the content available on any other website reached by links to or from our Site.
6. Disclaimer of Warranties and Limitation of Liability
OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT EVEN IF WE HAD PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Applicable Law
By visiting our Site, you agree that the laws of the state of California, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction, will govern these Site Terms and any dispute of any sort that might arise between you and us. The Parties hereby expressly reject any application to this Agreement of (a) the United Nations Convention on Contracts for the International Sale of Goods; and (b) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended by that certain Protocol, done at Vienna on April 11, 1980. All disputes arising out of these Site Terms will be subject to the exclusive jurisdiction of the competent courts located in San Francisco County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit us from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce our intellectual property rights or to otherwise protect our interest in our Site.
8. Site Policies, Modification, and Severability
Please review our other policies on our Site. These policies also govern your visit to our Site. We reserve the right to make changes to our Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.