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The following are terms of a legal agreement
between you and IPEVO, Inc., a California corporation. By accessing,
browsing and/or otherwise using this web site, you acknowledge that
you have read, understood and agreed to be bound by these terms and
conditions, and to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations.
If you do not agree to all of these terms and conditions, you may
not access, browse and/or use this Site. The material provided on
this Site is protected by law, including, but not limited to, United
States copyright law and international treaties.
These terms of access apply to your access to and use of this Site
and do not alter in any way the terms and conditions of any other
agreement you may have with Company for products, software, services
or otherwise, unless otherwise directed by Company. If you breach
any of these terms and conditions, your authorization to use this
Site automatically terminates and you must immediately destroy any
downloaded or printed materials and discontinue use of any hyperlinks
to this Site.
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USE RESTRICTIONS |
Copyright.
All Site materials, including, without limitation, text, pictures,
graphics and other files and the selection and arrangement thereof
are copyrighted materials of Company c 2005, ALL RIGHTS RESERVED,
or by the original creator of the material. Permission is granted
to display, copy, distribute, and download the materials on this Site
for personal, noncommercial use only, provided you do not modify the
materials and that you retain all copyright and other proprietary
notices contained in the materials. You may not, however, distribute,
copy, reproduce, display, republish, download, or transmit any material
on this Site for commercial use without prior written approval of
Company. You may not “mirror” any material contained on this Site
on any other server without prior written permission from Company.
Any unauthorized use of any material contained on this Site may violate
copyright laws, trademark laws, the laws of privacy and publicity
and communications regulations and statutes.
Trademarks.
The trademarks, service marks, trade names, and logos (the “Trademarks”)
used and displayed on this Site are registered and unregistered
Trademarks of Company or its affiliates or are displayed under license.
In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks and/or trade dress of Company,
and may not be copied, imitated or used, in whole or in part, without
the prior written permission of Company. You acknowledge that the
Trademarks used and displayed on this Site are and shall remain
the sole property of Company or the Trademark owner. Nothing in
this Agreement shall confer any right of ownership of any of the
Trademarks in you. Further, nothing in this Site shall be construed
as granting, by implication, estoppel or otherwise any license or
right to use any Trademark used or displayed on the Site, without
the express written permission of Company or the Trademark owner.
The misuse of the trademarks displayed on this Site, or any other
content on the Site, is strictly prohibited.
Hyperlinks.
You are granted a limited, nonexclusive right to create a “hypertext”
link to this Site provided that such link is to the entry page of
this Site and does not portray Company or any of its products or
services in a false, misleading, derogatory, or otherwise defamatory
manner. This limited right may be revoked at any time for any reason
whatsoever. You may not use framing techniques to enclose any Company
trademark, logo or trade name or other proprietary information including
the images found at the Site, the content of any text or the layout/design
of any page or any form contained on a page without Company’s express
written consent. Links to third party sites on this Site are provided
solely as convenience to you. If you use these links, you will leave
this Site. Company has not reviewed all of these third party sites
and does not control and is not responsible for any of these sites,
their content or their policies, including, without limitation,
privacy policies or lack thereof. Company does not endorse or make
any representations about third party sites or any information,
software or other products or materials found there, or any results
that may be obtained from using them. If you decide to access any
of the third party sites linked to this site, you do so entirely
at your own risk. You acknowledge and agree that Company 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
the use of or reliance on any such third party sites.
Downloadable Materials.
Any software, including codes or other materials that are made available
to download from this Site, is the copyrighted work of Company and/or
its suppliers and affiliates. If you download software from this
Site, use of the software is subject to the license terms in the
software license agreement that accompanies or is provided with
the software. You may not download or install the software until
you have read and accepted the terms of the applicable software
license agreement. Without limiting the foregoing, copying or reproduction
of the software to any other server or location for further reproduction
or redistribution is expressly prohibited unless otherwise provided
for in the applicable software license agreement in the case of
software, or the express written consent of Company in the case
of codes or other downloadable materials.
Limited Access.
Except as otherwise expressly permitted by Company, any access or
attempt to access other areas of the Company computer system or
other information contained on the system for any purposes is strictly
prohibited. You agree that you will not use any robot, spider, other
automatic device, or manual process to “screen scrape,” monitor,
“mine,” or copy the Web pages on the Site or the content contained
therein without Company’ prior, express, and written permission.
You will not spam or send unsolicited e-mail to any other user of
the Site for any reason. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Site. You agree that you will not take any
action that imposes an unreasonable or disproportionately large
load on Company’s infrastructure.
Additional Use Restrictions.
You shall not post, transmit, e-mail, re-transmit or store material
on or through any of the services provided by Company (the “Services”)
which, in the sole judgment of the Company: (i) is in violation of
any local, state, federal or non-United States law or regulation,
(ii) is threatening, obscene, indecent, defamatory or that otherwise
could adversely affect any individual, group or entity (collectively,
"Persons") or (iii) violates the rights of any person, including
rights protected by copyright, trade secret, patent or other intellectual
property or similar laws or regulations including, but not limited
to, the installation or distribution of "pirated" or other
software products that are not appropriately licensed for use by you.
You shall be responsible for determining what laws or regulations
are applicable to its use of the Services. In addition, you may only
use the Services in a manner that, in the Company's sole judgment,
is consistent with the purposes of such Services. If you are unsure
of whether any contemplated use or action is permitted, please contact
the Company at cs@ipevo.com. By way of example, and not limitation,
the following uses described below of the Services are expressly prohibited:
a. upload, post, e-mail or otherwise transmit any information, data,
text, software, music, sound, photographs, graphics, video, messages
or other materials (collectively, “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 (Pornography and pornographic related merchandising
are prohibited under all Services, including providing links to pornographic
content elsewhere);
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a the Company official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop
restricted or password-only access pages, or hidden pages or images
(those not linked to from another accessible page);
e. upload, post, e-mail 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;
f. upload, post, e-mail or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
g. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas of the Services that are
designated for such purpose;
h. upload, post, e-mail 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies
or regulations of networks connected to the Services;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by 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;
l. “stalk" or otherwise harass another;
m. promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or
promote any act of cruelty to animals (This may include, but is not
limited to, providing instructions on how to assemble bombs, grenades
and other weapons, and creating "Crush" sites); and
n. effecting security breaches or disruptions of Internet communication.
Security breaches include, but are not limited to, accessing data
of which you are not an intended recipient or logging into a server
or account that you are not expressly authorized to access.
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DISCLAIMER WARRANTY |
This Site, including all software, functions,
materials, and information, is provided “as is” without warranties
of any kind, either express or implied. Company disclaims all warranties,
express or implied, including, but not limited to, warranties of quiet
enjoyment and non-infringement and implied warranties of merchantability,
fitness for a particular purpose, non-infringement, title, quiet enjoyment,
merchantability of computer programs, data accuracy, system integration,
and informational content. Company does not warrant or make any representations
regarding the operation of this Site, the use, validity, accuracy
or reliability of, or the results of the use of the materials on this
Site or any other sites linked to this Site. The materials of this
Site may be out of date, and Company makes no commitment to update
the materials at this Site. Company does not and cannot guarantee
or warrant that the files available for downloading from this Site,
if any, will be free from infection, viruses, worms, Trojan horses,
or other code that manifest contaminating or destructive properties.
Company does not warrant that this Site, software, materials, products,
or services will be uninterrupted or error-free or that any defects
in this Site, software, materials, products, or services will be corrected.
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LIMITATION OF LIABILITY |
In no event will Company, its suppliers
or other third parties mentioned at or in this Site be liable for
any damages, including, without limitation direct, indirect, special,
incidental, or consequential damages, damages resulting from lost
profits, lost data or business interruption arising out of relating
to the use, inability to use, or resulting from the use of this Site,
any web sites linked to this Site, the materials, software or other
information contained in any or all such sites, whether based on warranty,
contracts, statutes, regulations, tort (including but not limited
to, negligence) or any other legal theory and whether or not advised
of the possibility of such damages. If your use of the materials or
information from this Site results in the need for servicing, repair
or correction of equipment or data, you assume all costs thereof.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may
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U.S. GOVERNMENT RESTRICTED RIGHTS |
The materials on this Site are provided
with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government
is subject to restrictions as set forth in applicable laws and regulations.
Use of the materials by the government constitutes acknowledgment
of Company’s or other owner’s proprietary rights in them.
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REVISIONS TO THIS AGREEMENT |
Company may revise this Agreement at
any time without notice by updating this posting. By using this Site
you agree to be bound by any such revisions and should therefore periodically
visit this Site and page to determine the then current terms and conditions
of use to which you are bound.
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TRANSMISSIONS |
Any material, information or idea you
transmit to or post on this Site by any means will be treated as non-confidential
and non-proprietary and may be disseminated or used by Company or
its affiliates for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products. You are prohibited
from posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
profane material or any other material, including but not limited
to any material that could give rise to any civil or criminal liability
under both domestic and international law.
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APPLICABLE LAWS & MISCELLANEOUS |
| If any provision(s) of this Agreement
is held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions
remaining in full force and effect. Company’s failure to exercise
or enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed
to by Company in writing. The section titles in this Agreement are
solely used for the convenience of the parties and have no legal or
contractual significance. This Agreement may be assigned in whole
or in part by Company. This Agreement may not be assigned in any manner
by you without the express, prior written permission of Company. This
Agreement shall be governed by and construed in accordance with the
laws of the State of California notwithstanding any conflict of laws
provisions. You irrevocably and unconditionally (i) consent to submit
to the exclusive jurisdiction of the state and federal in the County
of San Jose, California (the “California Courts”) for any litigation
or dispute arising out of or relating to this Agreement, (ii) agree
not to commence any litigation arising out of or relating to this
Agreement except in the California Courts, (iii) agree not to plead
or claim that such litigation brought therein has been brought in
an inconvenient forum, and (iv) agree the California courts represent
the exclusive jurisdiction for all disputes relating to this Agreement.
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IPEVO creates Internet devices to expand and extend the experience
of web based services and applications. Renown for its iconic line
of best-selling Skype hardware, IPEVO has established a reputation
for innovating award-wining designs and affordable products for seamless
web integration.
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