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TERMS OF USE
ACCEPTANCE OF TERMS
THEADOS
Corporation ("The Company") makes available for your use on this Web site
(the "Site") information, documents, software and products (collectively,
the "Materials") and various services operated by the Company, such as the
THEADOS System (collectively, the "Services"), subject to the terms and
conditions set forth in this document (the "Terms of Use"). By accessing or
using this Site, which includes your access to or use of any of the
Services, you warrant that you are at least 18 years of age, are able to
enter a legally binding contract and agree to the Terms of Use.
If you breach any of the
Terms of Use, your authorization to use this Site automatically terminates
and you must immediately destroy any Materials downloaded or printed from
the Site.
CHANGE OF TERMS
The
Company reserves the right to change the Terms of Use from time to time at
its sole discretion. Your use of the Site will be subject to the most
current version of the Terms of Use posted on the Site at the time of such
use.
COPYRIGHT; LIMITED
LICENSE
The
Materials and Services on this Site are protected by copyright and/or other
intellectual property laws and any unauthorized use of the Materials or
Services at this Site may violate such laws. Except as expressly provided
herein, The Company and its suppliers do not grant any express or implied
right to you under any patents, copyrights, trademarks, or trade secret
information with respect to the Materials and Services.
Except as specifically
permitted herein, no portion of the information or documents on this Site
may be reproduced in any form or by any means without the prior written
permission of the Company. Elements of Site are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image from any the
Company Web site may be copied or retransmitted unless expressly permitted
by the Company.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, the Material and Services are for your personal and
non-commercial use. Except as necessary to use this site, you may not
modify, copy, distribute, transmit, display, perform, or reproduce any
information, software, products or services obtained from the Site. You may
not publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Site.
WARRANTIES AND
DISCLAIMERS
EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE
COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL
BE CORRECTED.
IN NO EVENT SHALL THE
COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF
THE SERVICE.
NO UNLAWFUL OR
PROHIBITED USE
You agree not to use Service or the Site to (i) disseminate or transmit
unsolicited communications, (ii) disseminate or transmit material that, to a
reasonable person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening, or malicious, (iii)
disseminate or transmit files, graphics, software, or other material that
actually or potentially infringes the copyright, trademark, patent, trade
secret, or other intellectual property right of any third party, (iv) create
a false identity or to otherwise attempt to mislead any person as to the
identity or origin of any communication, (v) interfere, disrupt, or attempt
to gain unauthorized access to other accounts on the Service or any other
computer network, (vi) disseminate or transmit viruses, Trojan horses, or
any other malicious code or program, (vii) “hack”, “crack”, reverse engineer
or otherwise compromise any of the systems or software available on this
Site or Services (viii) engage in any behavior that would violate the law or
the rights of another or (ix) engage in any other activity deemed by the
Company to be an unacceptable or inappropriate use of the Service or the
Site.
Use or distribution of
tools designed for compromising security is prohibited. Examples of these
tools include but are not limited to password guessing programs, cracking
tools or network probing tools. The Company will fully cooperate with law
enforcement authorities in investigating suspected lawbreakers and may
release your name and other information to the appropriate authorities for
that purpose. The Company may log instances of abuse of system resources and
take action as outlined below. System abuse means any use of Site or
Services resources which disrupt the normal use of the Site or Services for
others. Examples of system abuse include, but are not limited to, attempting
to disrupt the sessions or communications of other users consuming excessive
amounts of CPU time, network resources or disk space, or otherwise
unreasonably and adversely affecting the performance of Services servers. If
you use, or attempt to use the Service for other purposes including but not
limited to tampering, hacking, modifying or otherwise corrupting the
security or functionality of Service or software, you will be subject to
damages and other penalties, including criminal prosecution where available.
PERSONAL INFORMATION
AND PRIVACY
Your
privacy is important to us. Accordingly, we have established and implemented
a Privacy Policy (which may be modified by the Company from time to time)
describing, without limitation, what information we collect and how we use
such information. You may review our current Privacy Policy at our Site
http://theados.com
You acknowledge and agree that you have the opportunity to review our
Privacy Policy and that you consent to our collection of information
consistent with its provisions.
SOFTWARE LICENSES
You
agree to be bound by the terms of the licenses of any software that you
access, download, or use from this Site or Services. You also agree that you
will comply with the license requirements of any software that you may use
in connection with the Site or Services.
THIRD PARTY COMPONENTS
You
acknowledge and agree that use of the Service and the Site require third
party equipment and software (collectively, the "Third Party Components")
that must be provided by you. The Third Party Components include, without
limitation, the following: a computer(s), a connection to the internet,
operating system software, and a web browser (the necessary version of any
of the foregoing to be designated by the Company from time to time). THE
COMPANY SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT
TO THE THIRD PARTY COMPONENTS.
COPYRIGHT POLICY
The
Company is committed to complying with copyright and related laws, and
expects you to comply with such laws as well. Using the Site or Services to
transmit any content (by email, uploading, posting, or otherwise) or to
engage in any activity that infringes any copyright or any other right of a
third party violates these Terms of Use. You represent and warrant to the
Company (i) that you own, or are otherwise lawfully authorized to use, any
content that you transmit to or through the Site or Services; (ii) that use
of the content supplied by you does not violate this policy and will not
cause injury to any person or entity. You agree to indemnify the Company for
all claims resulting from content that you supply. You agree that the
Company, in its sole discretion and for any reason, may terminate part or
all of your access to the Site or Services and delete any content
transmitted to or through the Site or Services. You agree that the Company
may terminate your access to the Site or Services at any time and without
prior notice.
CLAIMS OF COPYRIGHT
INFRINGEMENT
If you
believe that your work has been copied on the Company’s Web site, systems,
or network, in a way that constitutes infringement under the Copyright Act,
please provide the following information to the Company’s Designated Agent
for receipt of notification of claimed infringement (to ensure that your
notification complies with the requirement of the Digital Millennium
Copyright Act, please see 17 U.S.C. § 512(c)(3)):
1) An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is
located on the site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
6) A statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf. The Company’s
Designated Agent can be contacted at:
Designated Agent
THEADOS Corporation
340 N 12th Street, Suite 420
Philadelphia, PA 19107
215.238.1238 phone
designatedagent@theados.com
TRADEMARK INFORMATION
The
trademarks, logos and service marks ("Marks") displayed on this Site or
Services are the property of the Company or other third parties. You are not
permitted to use the Marks without the prior written consent of the company
or such third party which may own the Marks. THEADOS, THEADOS System,
THEADOS Enhanced, Revenue Operating System, ROS, Get Enhanced!, Alien Onslaught, and the THEADOS logo are
trademarks of THEADOS Corporation.
CONDUCT
You are
expected to conduct yourself in a professional manner when using the Site
and Services. Though the Company has no obligation to monitor or police the
Site and Services, it may from time to time do so. The Company may, at its
sole discretion restrict or terminate the account of anyone at any time for
conduct it deems inappropriate. The company is not liable for any damages
you may incur as a result of the conduct of other users you may interact
with on our systems.
NO SPAM
You
agree not to use unsolicited email, usenet, message board postings, or
similar methods of mass messaging (spam). The Company strictly prohibits its
members from using spam and other forms of Internet abuse. Spam is defined
as including, but not limited to, any of the following: Electronic mail
messages addressed to a recipient with whom the initiator does not have an
existing business or personal relationship or is not sent at the request of,
or with the express consent of, the recipient; Certain off-line activities
that, while not considered spam, are similar in nature, including
distributing flyers or leaflets on private property or where prohibited by
applicable rules, regulations, or laws; Messages posted to Usenet and
message boards that are off-topic (unrelated to the topic of discussion),
cross-posted to unrelated newsgroups, or posted in excessive volume; or
Solicitations posted to chat rooms, or to groups or individuals via Internet
Relay Chat or "Instant Messaging" system (such as ICQ). The Company may, at
its sole discretion and with or without prior notice, suspend or terminate a
member's account.
FORCE MAJEUR
In no event shall the Company be liable for any act or omission of any third
party (such as, for example, any provider of telecommunications services,
internet access or computer equipment or software) or any circumstances
beyond its control (such as, for example, a fire, flood, or other natural
disaster, war, riot, strike, act of civil or military authority, equipment
failure, computer virus, or failure or interruption of electrical,
telecommunications, or other utility services, or misrouted IP addresses, or
other internet interruptions).
INVESTIGATION OF
VIOLATIONS
The
Company reserves the right to investigate suspected violations of these
Terms of Use. When the Company becomes aware of possible violations, the
Company may initiate an investigation which may include gathering
information from the party or parties involved and/or the complaining party,
if any, and examination of material on the Company's servers. During an
investigation, The Company may suspend the accounts of those involved and/or
remove the related material from Site or Service’s servers. If the Company
believes, in its sole discretion, that a violation of these Terms of Use has
occurred, it may take responsive action, which may include removal of
material from the Site or Service’s servers, warnings and suspension or
termination of accounts, including permanent banning from any future
Services. The Company in its sole discretion will determine what action will
be taken in response to a violation on a case-by-case basis. Violations
could also subject you to criminal or civil liability.
COOPERATION WITH
AUTHORITIES
In
addition to the terms listed above, you further agree that the Company may
access and disclose information about you or your use of the Site or
Services when the Company deems necessary or appropriate to comply with the
law or legal process, to protect the Company’s systems and customers, or to
ensure the integrity and operation of Company’s business and systems. Unless
otherwise prohibited by law, such disclosure may include, without
limitation, user profile information (e.g., name, e-mail address, etc.),
transaction information, IP address and traffic information, and usage
history.
GOVERNING LAW AND
JURISDICTION
The Site
(excluding linked sites) and Services are controlled by the Company from its
offices within the state of Pennsylvania, United States of America. By
accessing the Site or Services, you and The Company agree that all matters
relating to your access to, or use of, this Site or Services shall be
governed by the statutes and laws of the State of Pennsylvania and
applicable United States federal law, without regard to the conflicts of
laws principles thereof. Copyright and other proprietary matters will be
governed by applicable United States laws and international treaties.
Exclusive venue for all litigation regarding this Agreement shall be in
Philadelphia County, Pennsylvania and you agree to submit to the
jurisdiction of the courts in Philadelphia, Pennsylvania for any such
litigation. The Company makes no representation that Materials or Services
available on this Site are appropriate or available for use in other
locations, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access the Site or Services from
other locations do so on their own initiative and are responsible for
compliance with local laws.
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