1 . ACCEPTANCE
2 . DESCRIPTION OF THE SITE SERVICES
Through the Site, Versatile provides you with access to a variety of resources and services, including product information and details about how you may obtain Versatile products and services (collectively, the “Site Services”). Purchasers and subscribers of certain Versatile products and services, including Versatile’s CraneView® solution, may access and use those products and services through the Site. However, apart from your use of the Site, the Site Services, and the Site Content, your access to and use of the CraneView solution and other Versatile products and services are governed by (a) the terms of a separate written agreement between Versatile and the licensee that has permitted you such access and use and (b) any End User License Agreement that you are required to accept prior to your access to and use of such products and services.
3 . LIMITED LICENSE
a) By agreeing to and abiding by these TOU, you may exercise a nonexclusive, limited, non-sublicenseable, non-transferable license to access and use the Site, the Site Services, and the Site Content in accordance with these TOU and applicable laws, rules, and regulations. You further acknowledge that all Versatile trademarks, trade names, service marks logos, brand features, and product and service names (collectively the “Versatile Marks”) are the property of Versatile and you may not display or use in any manner the Versatile Marks. Any use of the Site, the Site Services, the Versatile Marks, or the Site Content other than as specifically authorized in these TOU or as Versatile may have otherwise agreed with you in writing, is strictly prohibited and will terminate the license granted in these TOU. This license is revocable at any time, at the sole and absolute discretion of Versatile.
b) Portions of the Site permit you to post comments that are available for viewing by other users of the Site and to reply to comments posted by other users of the Site (such posted comments, “Submissions”); however, you may not post Submissions that Versatile determines, in its sole discretion, to be unlawful, indecent, or objectionable. By your posting of Submissions you grant Versatile a nonexclusive, fully-paid, royalty-free license to transmit, distribute, publish, publicly perform, publicly display such Submissions. You agree that Versatile may remove any Submission that it deems, in our sole and absolute discretion, to violate these TOU or any other applicable policy, law, rule, and/or regulation. Versatile may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
c) You represent and warrant that none of your Submissions shall:
i) Infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, moral or other rights of Versatile or any third party;
ii) Violate any law, statute, ordinance or regulation, or these TOU;
iii) Be harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable;
iv) Impersonate any person or entity, including without limitation any employee or representative of Versatile;
v) Contain a virus, Trojan horse, worm, time bomb, or other harmful or malicious computer code, file, or program; or
vi) Violate or by means of its posting constitute a breach of any agreement or obligation you or your employer may have with or to a third party.
d) You acknowledge that the Site, the Site Services, and all content and information found thereon and therein, including but not limited to all text, graphics, pictures, data, software and the selection and arrangement thereof, exclusive of Submissions (collectively, the “Site Content”) are the proprietary property of Versatile or its licensors and are protected by United States and International copyright, trademark and/or other intellectual property laws.
4 . ACCEPTABLE USE
Under this license you may not:
a) Resell or otherwise commercially exploit our Site, Site Services, or Site Content, or any Submissions;
b) Copy, modify, alter, transmit, distribute, publish, publicly perform, publicly display, or download any portion of the Site, the Site Services or Site Content, or any Submissions, except that sharing of Site Content via the LinkedIn, email, and Twitter options featured on the Site is permitted where such sharing is enabled on the Site;
c) Modify or otherwise make any derivative work of the Site, the Site Services, or the Site Content or any Submissions (or any portion thereof);
d) Use any data mining, robots or similar data gathering or extraction methods, or IRC bots or clonebots, in your use of the Site, the Site Services, or the Site Content, or advertise, transmit or otherwise make available any software, program, product or service that is designed to violate these TOU; or
e) Use the Site (including without limitation the posting of any Submissions)
i) For illegal purposes or in support of illegal activities, to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, to threaten or encourage bodily harm or destruction of property, or to harass another;
ii) To make fraudulent offers to sell or buy your or a third party’s products, items, or services, or to advance any type of financial scam such as pyramid schemes, Ponzi schemes, and chain letters;
iii) To add, remove, forge or modify identifying network header information in an effort to deceive or mislead, or to impersonate any person (the use of anonymous remailers or nicknames does not constitute impersonation);
iv) To transmit any unsolicited commercial messages or advertisements or to interfere with another user’s use of the Site, the Site Services, or the Site Content;
v) To access, or to attempt to access, the accounts of others, to distribute software or code that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems, to penetrate, or attempt to penetrate, Versatile’s security measures or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, to obtain another user’s account credentials, or for any activity that affects the ability of other people or systems or the Internet (including without limitation “denial of service” (DOS) attacks against another);
vi) To transmit any Submission (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, or that violates your representations and warranties set forth above; or
vii) To collect, or attempt to collect, personal information about third parties without their consent.
You will be held responsible and accountable for any activity by third parties using your account that violates these TOU.
5 . USER ACCOUNT, PASSWORD, AND SECURITY
Versatile products and services offerings when purchased will require you to register for a user account. If registration is requested, you agree to provide us with true, accurate, and complete registration information, including your real name. You may not permit others to use your user account, whether through a network or otherwise. You are solely responsible for preventing all unauthorized use of your user account.
7 . INTERNATIONAL ACCESS
The Site is provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding your ability to access and use the Site, the Site Services, and the Site Content. Versatile makes no representations regarding the availability or legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.
8 . THIRD PARTY CONTENT
Versatile may occasionally provide links to third party sites on the Site for convenience. The linked sites are not under the control of Versatile and are not endorsed by Versatile, and Versatile is not responsible for the contents of any linked site or any link contained in a linked site, for any changes or updates to such linked sites, or for webcasting or any other form of transmission received from any linked site.
9 . WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
THE SITE, THE SITE SERVICES, AND THE SITE CONTENT ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. VERSATILE MAKES NO AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE SITE SERVICES, THE SITE CONTENT, AND THEIR AVAILABILITY, RELIABILITY, OR SECURITY, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE; AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VERSATILE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SITE SERVICES, THE SITE CONTENT, OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION OR IF VERSATILE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
10 . GOVERNING LAW; VENUE
Any dispute arising under or in connection with the subject matter contemplated herein or related to such subject matter shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against Versatile must be resolved by a federal or state court located in the State of California. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing party in any action arising out of your use of or access to the Site, the Site Services, or the Site Content shall be entitled to its reasonable attorneys’ fees and costs.
11 . WAIVER
Versatile’s failure to strictly enforce any provision of these TOU will not constitute a waiver of any such provision.
12 . ENTIRE AGREEMENT
These TOU and the policies referred to herein, as they may be updated from time to time, constitute the entire agreement between you and Versatile concerning your access to and use of the Site, the Site Services, and the Site Content and supersede all prior understandings, agreements and communications relating to such subject matter.
13 . CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials appearing on the Site or presented in the Site Services or the Site Content infringe your copyright, you (or your agent) may send Versatile a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Versatile a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at www.copyright.gov. In accordance with the DMCA, Versatile has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notice of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to firstname.lastname@example.org and to Versatile, Inc., 153 2nd Street, Los Altos, CA 94022, Attn. DMCA Agent.