Terms of Use
ACCEPTANCE OF TERMS
HostedStore Corporation ("HostedStore") makes this Site, including all information, documents,
communications, files, text, graphics, software, and products available through the Site
(collectively, the "Materials") and all services operated by HostedStore and third parties
through the Site (collectively, the "Services"), available for your use subject to the terms
and conditions set forth in this document and any changes to this document that HostedStore
may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, use of any of the
Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound
by the Terms of Use.
HostedStore reserves the right to change the Terms of Use and other guidelines or rules posted on
the Site from time to time at its sole discretion, and will provide notice of material changes on
the home page of the Site. Your continued use of the Site, or any Materials or Services accessible
through it, after such notice has been posted constitutes your acceptance of the changes. Your use
of the Site will be subject to the most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. You should periodically check the "Terms of Use" link
on the Site's home page to view the then current terms. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates, and any Materials downloaded or printed from
the Site in violation of the Terms of Use must be immediately destroyed.
DEFINED TERMS
All user-supplied information, materials, files, communications, documents, support email discussion
list postings, and developer email discussion list postings, excluding the Design Content, are referred
to collectively as "User Content." "HostedStore Content" means all Materials provided by HostedStore.
User Content and HostedStore Content may have different restrictions and conditions associated with them.
TYPES OF USERS
Please be aware that certain activities on this Site, such as support services, are available only to persons who are covered under a paid or trial license agreement with HostedStore.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected
by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use
of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as
expressly provided herein, HostedStore and its suppliers do not grant any express or implied rights
to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify,
rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative
works based on the Site, its Materials, or its Services or their selection and arrangement, except as
expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data
gathering and extraction methods in connection with the Site.
Use of Services.
When using Services on this Site that are offered by HostedStore, you shall be
subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use.
Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by HostedStore, this Site also makes available materials,
information, and services provided by third parties (collectively, the "Third Party Services"). The
Third Party Services are governed by separate license agreements that accompany such services. HostedStore
offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party
Services, including any liability resulting from incompatibility between the Third Party Services and the
Materials and Services offered by HostedStore. You agree that you will not hold HostedStore responsible or
liable with respect to the Third Party Services or seek to do so.
Use of Software.
The software and accompanying documentation that is made available to download from
this Site is the copyrighted and/or patented work of HostedStore and/or its suppliers. Use of the software
is governed by the terms of the license agreement that accompanies or is included with such software.
End User License Agreements are available for review and are incorporated
herein by this reference. You will not be able to download or install any software that is accompanied by
or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree
to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software,
use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse
engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of HostedStore Content and User Content.
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the HostedStore
Content and User Content available on this Site subject to the following conditions:
- The HostedStore Content and User Content may be used solely for personal, informational, and internal
purposes.
- The HostedStore Content and User Content may not be modified or altered in any way.
- The HostedStore Content and User Content on the Site may not be distributed or sold, rented, leased,
or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the HostedStore Content
and User Content.
- HostedStore reserves the right to revoke the authorization to view, download, and print the
HostedStore Content and User Content available on this Site at any time, and any such use shall be
discontinued immediately upon notice from HostedStore.
- The rights granted to you constitute a license and not a transfer of title.
IMPORTANT EXCEPTIONS:
Various sections of the Site, such as Articles and the Module Directory, showcase the work of others.
Such works belong to their creators, may be protected by copyright or other proprietary laws, and are
for display purposes only. Accordingly, you may not download or print these works unless there is a
notice associated with the work expressly permitting such uses.
The rights specified above to view, download, and print the HostedStore Content and User Content available
on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected
by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of HostedStore
or other third parties. You are not permitted to use the Marks without the prior written consent of HostedStore
or such third party that may own the Marks. HostedStore and the HostedStore logo are trademarks of HostedStore
Corporation.
For a current list of HostedStore's Marks, as well as certain third party Marks, please refer to
Trademark Information.
LICENSE TO HOSTEDSTORE FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature
of the Service, by submitting User Content to this Site you grant HostedStore one of the following types
of licenses:
- For User Content that is the result of your creative efforts and which is intended to be displayed
on the Site, such as examples of work you have done using HostedStore products, you grant HostedStore
a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance,
or Site administration only) and reproduce such User Content. You also grant HostedStore the right to
distribute and publicly display and perform such User Content for the purpose for which such User Content
was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
You acknowledge and agree that any User Content you submit to the HostedStore Module directory may be
downloaded, modified, reproduced, and distributed by users of this Site.
- For User Content such as comments to the HostedStore Articles and directories, modification requests,
bug reports, piracy reports, or product suggestions, you grant HostedStore and the users of this Site
an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit,
and distribute such User Content, and you also agree that HostedStore is free to use any ideas, concepts,
know-how, or techniques that you send us for any purpose without any compensation to you. However, we will
not release your name or otherwise publicize the fact that you submitted such User Content to us unless:
(a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular
part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief
that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it
necessary in order to protect the rights of HostedStore or others.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you,
(b) submitted with the express permission of the owner or within the scope of the license to such content,
or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials
that would violate any law or the rights of others, including, without limitation, laws against copyright
infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or
limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or
destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service, or system without authorization
from HostedStore;
- not to access or attempt to access any Services or Materials which you are not authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services,
Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through
the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, HostedStore reserves
the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend,
or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without
limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.
In addition, HostedStore reserves the right to delete or remove User Content if the relevant license has expired
or lapsed or if HostedStore has a good faith belief that the user posting such User Content has violated these
Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or
to protect the rights of HostedStore or others.
HostedStore may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or
post User Content, including but not limited to areas where Services are available, bulletin boards, or other
user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, HostedStore will have no liability related to User Content arising
under the laws of copyright, libel, privacy, obscenity, or otherwise. HostedStore also disclaims all liability
with respect to the misuse, loss, modification, or unavailability of any User Content.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, account name, and/or password,
if applicable. You are responsible for damages resulting from all uses of your account number, account name,
and/or password, whether actually or expressly authorized by you, unless access to your account number, account
name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HOSTEDSTORE OR YOU AND A THIRD PARTY
WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH
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, HOSTEDSTORE 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 MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR
MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. HOSTEDSTORE MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY
TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND HOSTEDSTORE MAKES NO COMMITMENT TO
UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HOSTEDSTORE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND
THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HOSTEDSTORE MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES ARE AT YOUR OWN RISK; AND (iv) HOSTEDSTORE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. HOSTEDSTORE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR
SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED
THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HHOSTEDSTORE OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and may contain references to HostedStore products, services,
and programs that are not available in your country. These references do not imply that HostedStore intends to announce
such products, services, or programs in your country.
The Site is controlled, operated, and administered by HostedStore from its offices within the United States of America.
HostedStore makes no representation that the Site, or the Services or Materials available through it, are appropriate or
available for use at other locations outside the United States, and access to the Site from territories where the Site
or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United
States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further
information.
PERSONAL INFORMATION AND PRIVACY
To learn about how HostedStore protects your personal information, such as your name and address, refer to the
HostedStore Online Privacy Policy. Except as set forth in the Privacy Policy
or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types
of User Content, any non-personal information or material sent to HostedStore will generally be deemed to NOT be
confidential. You understand and agree that we may disclose information about you if we have a good faith belief that
we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of
HostedStore or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept
cookies in order for you to use the support services or to purchase from the HostedStore online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HOSTEDSTORE, ITS SUBSIDIARIES, AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR 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 HOSTEDSTORE 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 OR THE INABILITY TO USE
THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS
WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES
AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY,
THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
HostedStore will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property
rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to from this Site, please provide the HostedStore
legal department a Notice containing the following elements:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright
interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and identification of what
material in such work(s) is claimed to be infringing and which you request to be removed or access to which
is to be disabled;
- a description of where the material that you claim is infringing is located on the HostedStore site;
- information sufficient to permit HostedStore to contact you, such as your physical address, telephone number,
and e-mail address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice
in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you
are the copyright owner or authorized to act on the copyright owner's behalf.
HostedStore's legal department for Notice of claims of copyright infringement can be reached as follows:
By mail:
HostedStore Corporation
ATTN: Legal
PO Box 6743
Bellevue, WA 98008-0753
By telephone: 425.644.5983
By email: legal@hostedstore.com
THE LEGAL DEPARTMENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY
THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO
FROM THIS SITE.
INDEMNITY AND LIABILITY
You agree to indemnify and hold HostedStore, 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 content you submit, post to, or transmit through the Site (including,
without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site,
your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by HostedStore from its offices within the state of Washington,
United States of America. By accessing this Site, you and HostedStore agree that all matters relating to your
access to, or use of, this Site shall be governed by the statutes and laws of the State of Washington, without
regard to the conflicts of laws principles thereof. You and HostedStore also agree and hereby submit to the
exclusive personal jurisdiction and venue of the Superior Court of King County with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire
agreement between HostedStore and you with respect to your use of the Site. If for any reason a court of competent
jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision,
and the remainder of the Terms of Use shall continue in full force and effect. Any failure by HostedStore to enforce or
exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.
The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual
effect.
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