PLEASE READ THIS ONLINE DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF TIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE. XDC Limited MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
DEFINITION OF TERMS.
Affiliate: An advertising partner
Customer: An organisation that interacts with our website’s audience. Interaction may take the form of advertising, information from a supplier, or sponsorship, or physical client.
Registered User: A user is a visitor for products or services.
Third-Party Content: White papers, data, and other documents owned by content providers and made available to our website’s audience and/or customers.
INFORMATION WE COLLECT.
When you become a User with us, we may collect the following personal data:
Name and contact details
Company name and address
Information about the device(s) you use
Information about service usage
Business details for billing or postage
Other information you provide to us
HOW WE USE INFORMATION WE COLLECT.
We use (and where specified, shares) your personal information for the following purposes:
To provide support or other services We may use your personal information to provide you with support that you have requested. We may also use your personal information to respond directly to your requests for information, including newsletter subscriptions, webinar registrations, to forward your contact information to the appropriate resource for follow-up related to your interests and other support requests.
To provide information based on your needs and respond to your requests We may use your personal information to provide you with new products, notices of new or enhanced products, product updates or releases, website features, or service developments.
To select content, improve quality, and facilitate use of our websites We may use your personal information, including the information gathered as a result of site navigation and electronic protocols and cookies (including third-party cookies), to help create and deliver personalised content, improve website quality, track marketing campaign responsiveness, evaluate page response rates, conduct usability testing, and facilitate your use of our websites (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, and preserve information between sessions).
To communicate with you about a webinar We may communicate with you about a webinar. This may include information about the content, logistics, updates, and additional information related to the webinar.
To engage with third-parties We may share your personal data with third-parties in connection with services that these individuals or entities perform for or with us. These third-parties are restricted from using this data in any way other than to provide services for us or for the collaboration in which they and we are contractually engaged (for example, hosting our database or engaging in data processing on our behalf). These third-parties are carefully selected by us and obligated to keep your data secure.
To get feedback or input from you In order to deliver products and services of the most interest to our audience and Customers, from time to time, we may ask existing advertisers and Users to provide us with input and feedback (for example, through surveys, usability studies, and focus groups).
To Forward to a Friend We use third-party email addresses provided for the “email a friend” feature only for the purpose of sending newsletters, Product Alerts or webinar invitations to a subscriber-specified third-party, and for no other purpose.
Disclosure of Personal Information
When you become a User with this website and/or XDC/AXDC, your contact information and details will not be shared with anyone other than our business and its Customers. Information you provide when registering for, or participating in, a webinar or downloading a white paper, may be shared with our Customer, the webinar or white paper sponsor. The sponsor may use this information in a manner that is common within their industry, e.g., contacting you with product information or to assess your interest in their products and services. The treatment of such information is subject to the privacy policies of the sponsor. The sponsor may contact you after the white paper download or webinar regarding updates or regarding related products and services. You should contact the sponsor directly if you have any questions about their use of your information.
How Can You Control Your Information?
Users who prefer not to provide data requested for any of our registration processes do not need to register with us. While you can still view some of the content and use some of the services offered by our site without registering, certain products or services may not be available to you.
During our website and webinar registration process, we provide to users the option to opt-in or opt-out of receiving our email newsletters, Product Alerts, webinar promotional invitations, or emails from third-parties. Users who opt-in may also remove themselves from our email lists at any time through the edit profile pages or by following the instructions at the end of any email received from our family of products.
You can control the information we have about you and how we use it in several ways:
Access and Updating of Information.
Users may change information at any time and as often as necessary. Users who are experiencing problems with our services, or who have questions about how our services work, please contact us.
Your profile information is password-protected to control access to this information by third-parties. We recommend that you do not divulge your password to anyone. We never ask for passwords in unsolicited phone calls or unsolicited emails. Remember to sign out and close your browser window when you have finished using any of our sites. This will prevent others from accessing your profile information, e.g., instances where you may share a computer with someone else or are using a computer in a public place such as a library or internet café.
To contact us regarding a privacy issue, please contact us. Where applicable, please be sure to include the site, or product so that we may better serve you.
We collect information about the services you use and how you use them (e.g., viewing a technical video, visiting an advertiser’s page on our site, or reading an article in the News & Analysis section). This information includes:
We collect device-specific information (e.g., hardware model, operating system version, unique device identifiers, and mobile network information).
This website automatically records the Internet Protocol (IP) addresses of visitors. The IP address is a unique number assigned to every computer on the internet. Generally, an IP address changes each time you connect to the internet (it is a “dynamic” address). Note, however, that if you have a broadband connection, depending on your individual circumstance, the IP address that we collect may contain information that could be deemed identifiable. This is because, with some broadband connections, your IP address doesn’t change (it is “static”) and could be associated with your personal computer.
We track pages visited on this website, the amount of time spent on those pages, and the types of searches done on them.
This website also captures and stores information that you transmit. This may include:
Operating system used
Media Access Control (MAC) address
Date and time of the server request
Volume of data transferred
UNIQUE APPLICATION NUMBERS.
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
COOKIES AND WEB BEACONS.
Cookies and web beacons are electronic placeholders that are placed on your device by websites to track your individual movements on that website over time. This website uses both session-based cookies (which last only for the duration of the user’s session) and persistent cookies (which remain on your device and provides information about the session you are in and waits for the next time you use that site again).
These cookies and web beacons provide useful information to us, enabling us to recognise repeat users, facilitate the user’s access to and use of our sites, allows us to track usage behavior, and to balance the usage of our websites on all our web servers.
Tracking cookies, third-party cookies, and other technologies such as web beacons may be used to process additional information, enable non-core functionalities on this website and enable third-party functions (such as a social media “share” link). We may also include web beacons and other similar technology in promotional email messages to determine whether the messages have been opened.
THIRD-PARTY AND CO-BRANDED WEB SITES.
Some Third-Party Content made available through other organizations is maintained on the website of the content provider, and not on our site. This means that when you click through to that Third-Party Content, you will be leaving this website. It will be clear to you when this happens, as the look and feel of your web page will change, and the URL will no longer refer to a website owned and operated by us.
OUR WEBSITES MAY CONTAIN LINKS TO OTHER WEBSITES.
DISCLOSURE OF ANONYMOUS, AGGREGATED INFORMATION.
We provide summary reports to our Affiliates, Customers and other third-party suppliers, advertisers, and service providers, based on our analysis of clickstream data. This aggregated information is anonymous and does not disclose any personal data about individual users.
LEGAL AND REGULATORY INFORMATION.
Personal Data about Minors and Children This website does not knowingly collect data from or about children under sixteen (16) years of age without the permission of parent(s)/guardian(s). If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 16, please contact us.
COLLABORATION WITH AUTHORITIES.
We have appointed and mandated a privacy officer who represents the regulatory authorities inside of our organisation, and in return represents the organisation to regulatory authorities.
The privacy officer will ensure proper communication with the relevant regulatory authority for privacy. The privacy officer will lead investigative action, complaint handling, and data breach notification. The privacy officer will also monitor regulatory changes and consult the regulatory authority where implementation of a regulatory or technological change leads to doubt.
We reserve the right to share your information to respond to duly authorised information requests of governmental authorities or where required by law.
TRANSFER OF INFORMATION TO OTHER COUNTRIES.
If we were a global organisation, we engage in a number of international activities. In connection with the management of those activities, we may transfer information to other countries. By submitting your information to us via our websites, or in connection with your interactions with us offline, you consent to such transfers and to the processing of this information in other countries.
Your California Privacy Rights Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with us is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes.
Your European Union Privacy Rights Under the General Data Protection Regulation (Regulation EU 2016/679) (also known as GDPR), if you are an individual protected by the GDPR you may have certain rights as a data subject. Please note additional information may be requested prior to initiation of a request and that we reserve the right to charge a fee with respect to certain requests. Upon our completion of its review, you will be notified if your request has been granted, denied, or exemptions apply.
If all or part of this website is sold, merged, or otherwise transferred to another entity, the profile information and activity data that you have provided to us may be transferred as part of that transaction.
In this document, “we”, “our”, or “us” refer to XDC.
This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website or business.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
1. INFORMATION WE PROCESS BECAUSE WE HAVE A CONTRACTUAL OBLIGATION WITH YOU.
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
verify your identity for security purposes
provide you with our services
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
2. INFORMATION WE PROCESS WITH YOUR CONSENT.
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us firstname.lastname@example.org. However, if you do so, you may not be able to use our website or our services further.
3. INFORMATION WE PROCESS FOR THE PURPOSES OF LEGITIMATE INTERESTS.
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
whether the same objective could be achieved through other means
whether processing (or not processing) might cause you harm
whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
record-keeping for the proper and necessary administration of our business
responding to unsolicited communication from you to which we believe you would expect a response
protecting and asserting the legal rights of any party
insuring against or obtaining professional advice that is required to manage business risk
protecting your interests where we believe we have a duty to do so
4. INFORMATION WE PROCESS BECAUSE WE HAVE A LEGAL OBLIGATION.
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Specific uses of information you provide to us
5. SENDING A MESSAGE TO OUR TEAM.
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
7. AFFILIATE AND BUSINESS PARTNER INFORMATION.
This is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.
The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
9. PERSONAL IDENTIFIERS FROM YOUR BROWSING ACTIVITY.
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Disclosure and sharing of your information
10. CREDIT REFERENCE.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
11. DATA MAY BE PROCESSED OUTSIDE NEW ZEALAND.
Our websites are hosted in Auckland, New Zealand.
We may also use outsourced services in other countries from time to time in other aspects of our business.
ACCESS TO YOUR OWN INFORMATION.
12. Access to your personal information
At any time you may review or update personally identifiable information that we hold about you.
To obtain a copy of any information that is not provided on our website you may send us a request at email@example.com.
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
13. REMOVAL OF YOUR INFORMATION.
If you wish us to remove personally identifiable information from our website, you may contact us at firstname.lastname@example.org.
This may limit the service we can provide to you.
14. VERIFICATION OF YOUR INFORMATION.
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
15. USE OF SITE BY CHILDREN.
We do not sell products or provide services for purchase by children, nor do we market to children.
If you are under 18, you may use our website only with consent from a parent or guardian
16. HOW YOU CAN COMPLAIN.
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/
17. RETENTION PERIOD FOR PERSONAL DATA.
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
to provide you with the services you have requested;
to comply with other law, including for the period demanded by our tax authorities;
to support a claim or defence in court.
18. COMPLIANCE WITH THE LAW.
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
Your use of this website indicates to us that you have read and accept our privacy practices, as outlined in this privacy statement. If you have any questions or concerns regarding this privacy statement, please contact: email@example.com.
When you visit our websites, we may collect, use, store, and disclose information about you which may constitute personal data (including sensitive personal data) under the various government laws and regulations where XDC operates. XDC collects this personal information in many ways, such as through websites, emails, survey forms, cookies, hard copy documents provided, telephone conversations, person-to-person interactions, various industry sources, registration sites, etc.
We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. For example, if you indicate an interest in receiving newsletters or other communications about XDC, you are asked to submit your email address, which we retain on file so that we may send you the information you requested. We also request your name and email address each time you contact us by clicking on the “Contact Us” link. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.
Similar to other commercial websites, ours utilises standard technology called “cookies” to collect information about how the website is used. By continuing to use our website, you agree that the following information may be collected: your unique device identifier, IP address, information about your device’s operating system, mobile carrier and your location information (to the extent permissible under applicable law).
Cookies are small, usually encrypted text files, which are used to perform various functions such as storing your preferences, allowing you to easily navigate between web pages, and improving overall user experience. These are located in browser directories and are useful since they have the ability to recognise a user’s computer or mobile device, and customise the user experience by transmitting small amounts of information back to the site. Cookies can function as web beacons and may also provide us with web analytics and detailed site activity information, which helps us improve the services we offer to our customers.
You can disable cookies on your computer by indicating this in the preferences or options menus on your browser. However, it is possible that some parts of our website will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.
Use of Information
We use your personally identifiable information to provide you with the information or content that you have requested and, in some cases, to contact you about XDC programs, products, features or services. If you no longer wish to receive marketing communications from us, you may send us an email to firstname.lastname@example.org.
XDC uses non-identifying information collected on our website in the aggregate to better understand your use of the website and to enhance your experience. For example, we may use the information to improve the design and content of our website. Usually from Google Analytics.
We may employ other companies and individuals to perform functions on our behalf. XDC employees, agents and contractors who have access to personally identifiable information are required to protect the information in a manner that is consistent with this privacy statement.
We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorised use of our website, to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to this website or the public. In those instances, the information is provided only for that limited purpose.
We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses. XDC will not rent or sell your personally identifiable information.
Anytime personal data is collected, stored and processed we will obtain your consent prior to collecting it. Your consent is voluntary, and revocable, and only for the purpose being collected. Your privacy consent can be withdrawn at anytime.
If you visit our website and volunteer personally identifiable information, you may email@example.com You should be aware, however, that it is not always possible to completely remove or modify information in our databases. In addition, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your use of our website.
Protections for Children.
Protecting children’s privacy is important to XDC. For that reason, we do not collect or maintain information on our website from those we actually know are under the age of 13, nor is any part of our website design to attract anyone under 13. We request that all visitors to our website who are under 13 not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.
XDC takes reasonable steps to maintain the security of the personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorised access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.
Consent to Transfer.
This website is operated in the New Zealand. If you are located outside of New Zealand, please be aware that any information you provide to XDC could be transferred outside of New Zealand. By using our website, participating in any of our services and/or providing us with your information, you consent to this transfer.
This website contains links to third-party sites as well as other sites owned and/or operated by XDC or AXDC. Please be aware that XDC or AXDC is not responsible for the privacy practices of any third-party sites. Therefore, we encourage our users to read the privacy statement of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
Any person handling XDC personal data has a responsibility to report any data privacy breach related incidents in case of violation of the data protection policy to firstname.lastname@example.org
ACCEPTANCE OF TERMS
We provide our services to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time here.
In addition, when using particular our services, you and us shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICE.
We currently provide users with access to a rich collection of on-line resources, including, various communications tools, software, online forums, shopping services, personalised content and branded programming through its network of properties (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or data unless explicitly stated elsewhere.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must be at least 18 years of age to access and use our services.
YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We are not liable for any resulting loss of service due to untruthful or incomplete information.
We are concerned about the safety and privacy of all its users, particularly minors. For this reason, parents, or the legal guardian of minors who wish to allow their children access to our resources must agree to supervise, and otherwise completely indemnify us of any content the minor may come into contact with during operation of our service. Please remember that the Service is designed to appeal to a mature business audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
immediately notify us of any unauthorised use of your password or account or any other breach of security.
ensure that you exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Furthermore weare not responsible for any damages, which may occur to you, your community standing, or your business in the event of a known or unknown person(s) gain unauthorised access to your account.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. We do not always control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to 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’s privacy, hateful, or racially, ethnically or otherwise objectionable
Harm minors in any way
Impersonate any person or entity,; including, but not limited to, an official from our company, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
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 you 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 (“Rights”) of any party
Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such 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; or that may interfere with or disrupt the normal flow and operation of any system.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated be the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
“Stalk” or otherwise harass another individual
Collect or store personal data about other users of this service
You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in our company and in all parts of the Service.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the TOS;
respond to claims that any Content violates the rights of third-parties;
protect the rights, property, or personal safety of us, our users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules in your jurisdiction regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from or to the United States or the country in which you reside.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, maximum sises of images, total number of products, sales history, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum sise of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
OUR PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service, or by through interfaces which have been appropriately licensed and endorsed by us.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM 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.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) 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 YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE 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) UNAUTHORiseD ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
INDEMNIFICATION OF ILLEGAL ACTIONS.
By using our services you represent that the goods or services you promote on our website belong to you, and that such items were obtained legally, through sanctioned reputable channels, and that such goods or services are legal in your jurisdiction, and that you have the authorization by all necessary government or regulatory boards to sell, issue, authorise, or otherwise transfer said goods and services. Furthermore you represent that you will take all necessary measures to insure said goods or services do not reach areas, or individuals who are not allowed to own, handle, or otherwise poses such goods or services. Furthermore you represent you will take reasonable steps to insure that said goods or services do not transit an area where said goods and services are illegal or prohibited, unless explicitly allowed through other applicable laws such as in the case of interstate commerce. And that in the case of dangerous goods, all necessary preparations were made to avoid any accidental release, leakage, discharge, or other action which may expose persons responsible for shipping, transporting, or receiving goods any harm. You further agree to indemnify us, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your sale and transportation of goods and or services.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Our trademarks are all rights reserved
COPYRIGHTS and COPYRIGHT AGENTS.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
UNLIMITED TRAFFIC POLICY.
We are pleased to offer our clients unlimited Web page traffic. To maintain the integrity of our service the following limitations apply:
Sites which offer offsite links to purchase products/services which are considered “non-trackable” sales.
Sites which attempt to circumvent our ability to record and track sales.
Sites housing multiple directories with unrelated information not directly related to the sale of a product.
Multiple hosts resolving at an ip or domain name that we provide.
Sites with Banners, graphics or cgi’s running from their domain used on other domains.
Sites with large graphic archives or galleries (non-product related)
Sites offering downloads or archives, such as .mp3, .wmf, .avi, .zip, .tar, .ra and .GZ.
Sites using more than 5% of system resources
For those that do not qualify for the unlimited service, will be invoiced at a rate of $50 gigabyte. with a minimum of 2 gigabytes of traffic.
We will be the sole arbiter as to what constitutes a violation of this provision.
SEARCH ENGINE POLICY.
Our test sites are all hosted under our domain name, and using IP addresses assigned to us by the American Registry for Internet Numbers (ARIN). Some search engines may not distinguish that each site is separate and therefore the actions of one customer, can affect all customers. For this reason we have developed a strict policy regarding Search Engine “Spamming” techniques. Customers are explicitly prohibited from:
Cloaking – creating deceptive pages which attempt to trick search engines into giving higher ranking.
Writing text or creating links that can be seen by search engines but not by visitors.
Participating in link exchanges for the sole purpose of increasing your ranking in search engines.
Sending automated queries to Google in an attempt to monitor your site’s ranking.
Use programs that generate lots of generic doorway pages.
The TOS constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the USA without regard to its conflict of law provisions. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) week after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us.
TERMINATION (CANCELLING SERVICES).
Usage of this service constitutes acceptance ofour Policy in order to terminate this service.
LIMITATION OF DAMAGES
Under no circumstances shall any court award damages exceeding the actual amount invoiced [if by us], or paid [if by client], plus $1.00.
In the event a dispute arises between two parties that are subject to this Terms of Service, it is hereby agreed that both parties will submit to mediation, and failing an acceptable result, both parties shall submit to binding arbitration. All mediation and arbitration shall be performed within the countyour business residesand either party may choose to electronically attend.
The mediation and arbitration shall be conducted in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the mediation, and arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.