This Agreement (the "Agreement") is by and between Secomity,Inc.("Secomity") with it's main office at 43000 Christy Ave, Fremont, CA 94538,USA. and Customer As specified on its account, and incorporated herein byreference and collectively referred to as the ("parties").
These terms of use (Terms of Use) constitute a binding agreement between Secomity and parties governing parties use of the Service. By using the Service, parties agree to be bound by all of the terms and conditions of theTerms of Use, regardless of whether parties use the Service to post any of parties own materials or to view materials posted by other people.
Secomity reserves the right to modify the Terms of Use at any time. Partiescontinued use of the Service after Secomity modifies the Terms of Use will mean parties agree to the Terms of Use as modified. If parties do not agree to any modification, parties should stop using the Service immediately. Parties should return to this page on a regular basis to view any modification to the Terms of Use.
1, Communication Service
1.1 Communication: Installing Secomity Device (Hardware and Software) enables parties to communicate with other Secomity Device users or PSTN users.
1.2 No Warranties: Secomity cannot guarantee that parties will always be able to communicate with other users, nor can Secomity guarantee that Parties can communicate without disruptions,delays or other communication-related flaws. Secomity will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Secomity Device.
1.3 No Control: Parties acknowledge and understand that Secomity does not control, or have any knowledge of, the content of any communication(s) spread by the use of the Secomity Device. The content of the communication is entirely the responsibility of the
person from whom such content originated. Parties, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Secomity will not be liable for any type of communication spread by means of the Secomity Device.
1.4 No Emergency Services: Parties expressly agree and understand that the Secomity Device is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service.Secomity,
its Affiliates or Secomity Staff are in no way liable for such emergency calls.
1.5 Lawful purposes: Parties acknowledge and agree to use the Secomity Device solely for lawful purposes. In this respect Parties may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for Parties,
(b)use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Secomity Device or the communication, or (c) send any unsolicited commercial communication not
permitted by applicable law.
2, Advertisement Service
2.1 Advertisement Service: Installing Secomity Device (Hardware and Software) enables parties to post advertisement with otherSecomity Device users or provide advertisement service for any other customer.
2.2 Secomity Terms of Use include the Rules of Advertisement Service below. These rules apply to any and all materials, including text,photograph, video and music parties post on the Service regardless of whether the Content is included in blogs, e-mails, profiles,comments, skins or any other portion or feature of the Service.These rules also apply to any other use parties may make of the Service. Notwithstanding any provision of the Advertisement Service, Secomity reserves the right not to post or to remove any
Content from the Service at any time, without notice, for any reason or no reason, in Secomity sole discretion.
2.3 The following is a list of Content and Conduct that violates the Rules of Advertisement Service - parties may not use the Service to:
• upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,defamatory, vulgar, obscene, libelous, invasive of another privacy,hateful, or racially, ethnically, sexually or otherwise objectionable;
• harm minors in any way;
• solicit personal information from anyone under 18;
• impersonate any person or entity, including, but not limited to, a Secomity official, or falsely state or
otherwise misrepresent parties affiliation with a person or entity;
• provide a false birthday or age;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email or otherwise transmit any Content that parties do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (ights) of any party;
• upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, unk mail, pam,hain letters, yramid schemes, or any other form of solicitation,except in those areas (such as classifieds) that are designated forsuch purpose;
• upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• talk or otherwise harass another;
• collect or store personal data about other users;
• upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
• upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes selfharm;
• interfere with or disrupt the Service or the servers or networks used to provide or receive the Service or disobey any requirement,procedure, policies and regulation of any networks used to provide
and receive the Service;
• intentionally or unintentionally violate any applicable local, state,national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.
2.4 Secomity has the right to determine whether any Content violates the Terms of Use in its sole and absolute discretion.
3, TRANSMISSION SECURITY
3.1 Parties acknowledge that Secomity has no control of the communications lines used to access the Service because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Service is not the responsibility of Secomity.
3.2 Parties acknowledge that Secomity has no responsibility for monitoring, filtering or pre-screening Content, but that Secomity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable.
3.3 Parties understand that all Content posted to the Advertisement System or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content,and that parties sole recourse for any damage parties may suffer as a result of such content shall be to such individual. Parties agree that Secomity will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service, and parties hereby release Secomity and its officers, directors, shareholders and employees therefrom.Parties agree that parties must evaluate, and bear all risksassociated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4, COPYRIGHT
4.1 All content created by Secomity, its partners, or its suppliers and included on the Service, such as text, logos, graphics,images,javascript code, HTML code, and other software, is the property of Secomity, Inc.
(or its partners or suppliers) and protected by U.S.and international copyright and other intellectual property laws.
4.2 Compilations of Content
Notwithstanding the provisions outlined in content submitted toSecomity above, the collection of all Content on this site is acollective work under the U.S. copyright laws and is the exclusive property of Secomity and protected by U.S. and international copyright laws. The Content and software on the Service may be
used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution,transmission, republication, display, or performance, of the Content on the Service is strictly prohibited.
4.3 LINKS
The Service may include links to other companies or resources.Based on business contract or agreement over such sites and resources, Secomity is responsible for the copyright, patent and the availability of
such external sites or resources.
DISCLAIMER OF WARRANTIES
PARTIES EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) PARTIES USE OF THE SERVICE IS AT PARTIES SOLE RISK. THE SERVICE IS PROVIDED ON AVAILABLE BASIS. SECOMITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SECOMITY MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET PARTIES REQUIREMENTS,
(ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO PARTIES THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY PARTIES THROUGH THE SERVICE WILL MEET PARTIESR EXPECTATIONS, AND
(V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO PARTIES THROUGH THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT PARTIES OWN DISCRETION AND RISK AND THAT PARTIES WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PARTIES COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PARTIES FROM SECOMITY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY
PARTIES EXPRESSLY UNDERSTAND AND AGREE THAT SECOMITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SECOMITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF PARTIES TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with ESTRICTED RIGHTS. Use,duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S.Government constitutes acknowledgment of Secomity proprietary rights in them.
APPLICABLE LAW
The laws of the State of California in the United States will govern the Terms of Use, without giving effect to
any principles of conflicts of laws.
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