© 2005-2010 Ascentive LLC, 201 Spring Garden Street, Suite 400, Philadelphia, PA 19123 USA All rights reserved.
Ascentive LLC (“Ascentive”) makes information and products available on this web site, subject to the following terms and conditions which apply to all materials, software, content, services, online communications and other information that is or becomes available on or through our Site (collectively, the “Material”). By accessing and using the Site, you hereby agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you must immediately cease all use of this Site.
The use of certain Material or the conduct of certain transactions on or through the Site may be subject to additional terms and conditions that shall be made available to you prior to your use of such Material or participating in such transactions. We reserve the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of this Agreement with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. Ascentive may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions.
Ascentive’s inclusion of Third Party Material on the Site shall not be construed as Ascentive’s endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold Ascentive harmless from any and all liability that may result from your use of the Third Party Material.
1.0 INTELLECTUAL PROPERTY
The information on this web site is protected by copyright. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without Ascentive’s prior written permission.
“Ascentive” is a trademark of Ascentive LLC. Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided in the Material or displayed on the Site are the property of Ascentive or third parties, and no right to use such Marks is granted to you herein.
This Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your sole risk and Ascentive shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material.
2.0 USE OF SOFTWARE
The software and accompanying documentation available to download from this site are the copyrighted and possibly patented work of Ascentive. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such end user license agreement.
Ascentive hereby grants you a personal, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use and display, for non-commercial and personal use only, one copy of the Material that you download from the Site, except as may otherwise be expressly provided on our Site. You shall not otherwise reproduce, modify, distribute, transmit, post, or publish (including, without limitation, display and distribution via a third party website), the Material without Ascentive’s prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of Ascentive or any third party. You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site.
You understand and agree that the Material is provided hereunder “AS IS” without warranty of any kind and that your use of the Material is at your sole discretion and risk. You shall be solely responsible for any damage to your network, software or computer system and any loss of data that may result from your use of the Site and/or the Material.
3.0 REFERENCES TO THIRD PARTY MATERIAL
This website may include information or reference to Third Party Material. Such references are for informational purposes.
ASCENTIVE 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. ASCENTIVE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
4.0 WARRANTIES AND DISCLAIMERS; LIMITATION TO LIABILITY
ANY MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. ASCENTIVE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
ASCENTIVE SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS. ASCENTIVE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF ASCENTIVE HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL ASCENTIVE, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY ASCENTIVE PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF ASCENTIVE HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ASCENTIVE MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ASCENTIVE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ASCENTIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASCENTIVE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
ASCENTIVE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADOBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5.0 SITE USER AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
THROUGH YOUR USE OF THIS SITE AND ITS MATERIALS,YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASCENTIVE, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, SUBCONTRACTORS OR ANY OTHER PARTY INVOLVED IN PROVIDING OR CREATING THE SITE AND/OR MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM EITHER YOUR USE OF THE SITE OR THE MATERIAL OR YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
6.0 EXPORT CONTROLS
Some of the software available through this Site shall be subject to U.S. export control laws and shall also be subject to the laws of the country where you reside. Those who access this site and download available software do so on their own initiative and are responsible for compliance with all applicable laws. This Site is controlled, operated and administered by Ascentive LLC from its offices in the United States of America
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site. Notwithstanding anything to the contrary, Ascentive makes no representation that the Site or the Material is appropriate or available for use in other jurisdictions. If you choose to access the Site from such a jurisdiction, you do so at your own risk. The laws of the Commonwealth of Pennsylvania, United States of America, excluding choice of law principles, shall govern all issues relating to use of the Site and the Materials. By using the Site, you agree that any dispute, legal action or proceeding between us that concerns or relates in any way to the Site, Material, links or any information relating to the foregoing shall be brought in federal or state court, as applicable, in the County of Philadelphia, Commonwealth of Pennsylvania, U.S.A.
You acknowledge and agree that products, services or technology provided by Ascentive are subject to the export control laws and regulations of the United States. You agree to comply with the export control laws and regulations of the United States and shall not, without prior authorization of Ascentive, export, re-export, or transfer Ascentive products, services or technology, either directly or indirectly, to any country.
7.0 SITE COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT
If you have any concerns that any Materials or other content posted on the Site may be infringing upon another party’s intellectual property, contact our Intellectual Property Agent immediately. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).
Intellectual Property Agent
201 Spring Garden Street
Philadelphia, PA 19123 USA
Fax (215) 320-6001
All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements may not be considered.
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on our Site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ascentive to locate the material;
- Information reasonably sufficient to permit Ascentive to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of the Eastern District of Pennsylvania if you reside outside of the United States) and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the Digital Millennium Copyright Act or an agent of such person.
Before filing such a notification, make a careful determination as to whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, it may be advisable to seek legal counsel from an attorney prior to your filing your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.
8.0 GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Common Pleas of Philadelphia County in Philadelphia, Pennsylvania and the United States District Court for the Eastern District of Pennsylvania located in Philadelphia, with respect to such matters.