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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
PO BOX 144
Riverdale, MD 20738
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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