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TERMS OF USE
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site.
1. RESTRICTION ON USE
By accessing and using this site (the "Site") you accept without limitations or qualifications these terms of use ("Terms of Use"). Syntellect ("Syntellect" or "we" or "us") reserves the right in its sole discretion to modify, alter or otherwise update these Terms of Use and you agree to be bound by such modifications, alterations or updates. We will post changes here and you agree to review these Terms of Use on a periodic basis. Your continued use of the Site after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. Please also review the Site’s Privacy Policy.
The Site contains material which is derived in whole or in part from material supplied by Syntellect and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws. No material (including, without limitation, the text, directories, guides, photographs, illustrations, advertising copy, images, audio, video, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable materials contained in and/or on the Site) (individually and collectively the "Non Software Source Materials") may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way. The foregoing notwithstanding, Syntellect grants to you a non-exclusive license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation any code or software placed in the forum for forum user use (including, but not limited to, any source code or object code) (individually and collectively “Software Source Materials”) provided you keep intact all copyright and other proprietary notices. Modification of anything other than the Software Source Materials or use of anything other than the Software Source Materials expressly made available on the forum for such uses may be a violation of Syntellect's or other sources' copyright, trademark and/or other proprietary rights, and your misuse of Non Software Source Material is strictly prohibited.
In addition, you agree not to insert any code or product or manipulate the Non Software Source Material or Software Source Material in any way that negatively affects any user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Site. You agree not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked web sites.
You are advised that Syntellect will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
2. SUBMISSIONS/COMMUNICATIONS
You hereby assign to Syntellect, its successors and assigns, Your entire right, title and interest in and to any copyrightable works that you upload or otherwise provide to Syntellect through the Forum or other means including any and all software, source code, object code, text, graphics, designs, and the copyrights embodied therein (collectively the “Works”). You agree that you retain no right to use the Works, in whole or in part other than what is granted to you herein. You hereby warrant that You own all title to the Works and that the Works are free of any encumbrances and You are able to properly transfer all rights in the Works to Syntellect. Whether rights including the copyrights in the Works shall be preserved and maintained or additionally registered in the United States of America or any foreign country shall be at the sole discretion of Syntellect and you agree to execute any documents that might be necessary to perfect Syntellect’s ownership of rights in the Works and to execute any documents and assist Syntellect with federally registering any copyrights in the Works without any compensation from Syntellect. Subject only to our Privacy Policy, none of the Information shall be subject to any obligation of confidence on the part of Syntellect and Syntellect shall not be liable for any use or disclosure of any Information and Syntellect shall exclusively own in perpetuity, worldwide, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. In addition, you warrant that all so-called moral rights in and to any Information are waived.
By submitting materials to the Site or Syntellect, you represent that such materials are accurate and original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity and/or privacy.
You should be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing Syntellect any personal or confidential information.
3. DISCLAIMERS AND LIMITATIONS ON LIABILITY
Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the Materials contained in and/or on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION OR PROGRAMS, SHALL SYNTELLECT, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING OR PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE. SYNTELLECT IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS, BUGS, VIRUSES, TAMPERING, UNAUTHORIZED INTERVENTION OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OMISSIONS, FRAUD, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SYNTELLECT OR ANYONE ELSE. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SYNTELLECT'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES, AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) EXCEED THIRTY DOLLARS ($30).
THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITE AND/OR ANY MATERIAL RESTS WITH YOU.
Additionally, the Site may contain Material which is for entertainment purposes only and is not a depiction of fact, and shall not be considered factual by you. Other than for entertainment purposes, you acknowledge and agree not to rely on such Material. The Site may also contain facts, opinions, views, statements and recommendations of third party individuals or organizations. The Site does not represent or endorse the accuracy, timeliness or reliability of any facts, opinions, views, statements and/or recommendation or other information displayed, uploaded or distributed through the Site.
Syntellect cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or links to or from the Site, since such merchandise may be owned and operated by independent retailers. Syntellect does not endorse any of the merchandise, nor has Syntellect taken any steps to confirm the accuracy or reliability of, any of the information contained in such advertisements or third-party sites. Syntellect does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Syntellect, its parent, affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. Syntellect strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
4. INDEMNIFICATION
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Syntellect, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR ALLEGED CLAIMS, ACTIONS OR ALLEGED ACTIONS, SUITS OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR ACCRUING FROM (A) ANY MATERIALS POSTED OR OTHERWISE PROVIDED BY YOU THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL PROPERTY OR MORAL RIGHT OF ANY PERSON OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHTS OF PUBLICITY OR PRIVACY, (B) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR RELIANCE BY YOU ON ANY MATERIALS CONTAINED ON THE SITE; (C) ANY NON-COMPLIANCE BY YOU OF THE TERMS OF USE; (D) SYNTELLECT’S USE OF ANY INFORMATION YOU PROVIDE; (E) ANY BREACH OF YOUR RESPONSIBILITIES IN RELATION TO YOUR ACCOUNT AND PASSWORD, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONFIDENTIALITY; AND (F) CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE SITE, INCLUDING THE INFORMATION OR MATERIALS OBTAINED THROUGH THE SITE.
5. LINKING POLICY & LINKED SITES
The Material in and on the Site contains intellectual property that is protected from unauthorized use, copying and dissemination by copyright, trademark and other laws. If you link to the Site, we require that you follow these guidelines. The link to this Site must not damage, dilute or tarnish the goodwill associated with any Syntellect names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with Syntellect and/or the Site. You agree that you will not link to the Site from any online source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Site, you may link only to the home page, and not to any other page or sub-domain of the Site. Under no circumstances may you "frame" the Site or alter its intellectual property or Material in any way. Syntellect reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Site and/or these Terms of Use.
In addition, please note that Syntellect is not necessarily affiliated with web sites which may be linked to the Site ("Linked Sites") and is not responsible for their content. The Linked Sites are for your convenience only and you access them at your own risk. Users are requested to inform Syntellect of any errors or inappropriate material found on such Linked Sites.
6. USER FORUMS
The Site may include bulletin boards, chat rooms or other user forums ("Forums"). Any Forums are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Please be aware that certain message boards and similar user forums may disclose a user’s IP address along with the user’s name and message. To protect your safety, please use your best judgment when using these forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.
Syntellect is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute, post or otherwise publish through such Forums and/or any portion of the Site any content that:
1. Violates any law;
2. Libels, defames, disparages, threatens, is obscene, false, misleading, deceptive, fraudulent, inaccurate, unfair, hateful, racist, harassing, vulgar, pornographic, abusive, threatening, profane or indecent, including images and language, or discriminates on the grounds of race, religion, origin, age, disability, sexual orientation or marital status or refers to such matters in any manner prohibited by law;
3. Infringes any intellectual property rights of a person or entity, including, without limitation, violating a copyright or trademark or other proprietary right or derivative work with respect thereto;
4. Violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights;
5. In any way exploits any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
6. Solicits gambling or engages in any gambling activity;
7. Contains a virus or other harmful component;
8. Advocates illegal activity, violates any local, state, national or international law, rule, guideline or regulations, or otherwise creates liability;
9. Unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site and/or violates any right of Syntellect;
10. Advertises or otherwise solicits funds or is a solicitation of funds for goods or services or solicits any illegal act.
While Syntellect does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages, Syntellect reserves the right to delete, move, or edit messages that it, in its sole discretion, deems to be in violation of the above listed guidelines or that it otherwise deems to be abusive, harmful or unacceptable. You acknowledge that Syntellect reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Use of the Site constitutes consent to such monitoring.
7. MEMBERSHIP & REGISTRATION
Certain areas and/or services offered via the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Site. You may also provide information to the Site in other contexts, including, for example, in order to enter a sweepstakes, contest or promotion. Please note that sweepstakes, contests or promotions offered via the Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain ages or geographic areas. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. When you register or otherwise provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages.
If you register with the Site, or any portion thereof, or otherwise choose to become a member of the Site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer, assign, or otherwise distribute your membership or any membership rights to others. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. The Site reserves the right to terminate your access to the Site to any person who violates these Terms of Use. Your membership and/or your account are non-transferrable or otherwise assignable.
8. TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise, and by not accessing the Site at any time in the future. Should you access the Site in the future, you will be subject to, and agree to be subject to, the then current Terms of Use.
Syntellect reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party. In the event of any termination, the restrictions imposed on you with respect to Materials downloaded from the Forums and all disclaimers, representations and warranties, indemnifications and all provisions regarding intellectual property, submissions and communications, termination, governing law and limitations of liabilities set forth in this agreement shall survive.
9. CONTACT US
For questions or comments regarding these Terms of Use and/or the Site please contact us via email at webmaster@syntellect.com. These Terms of Use were last updated on November 25, 2009.
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