Terms and Conditions of Use - old
CAPGOWN CONDITIONS OF USE
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you use the site in any way after a change to the Terms is effective, that means you agree to all of the changes.
The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) are copyrights, trademarks, trade names or other intellectual property are protected by intellectual property rights and unfair competition laws and are owned, controlled or licensed by or to CAPGOWN or by or to other parties.
YOUR USE OF THE SITE
Your use of the Site is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (as defined below) or otherwise use the Site or interact with the Site in a manner that:(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including CAPGOWN);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Site as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site, User Submissions or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the User Submission or Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.
A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
You may not use the Site (a) to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject CAPGOWN or any of the Site’s users to liability.
You may not use any engine, software, tool, agent, device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) or any similar or equivalent manual process, to navigate the Site, other than the search engine and search agent available from CAPGOWN on the Site and other than generally commercially available third party web browsers.
You may not attempt to gain any unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CAPGOWN server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CAPGOWN, including any CAPGOWN account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or CAPGOWN’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not disguise the origin of any message or transmittal you send to CAPGOWN on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. CAPGOWN reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, (b) to modify or change the Services or any portion of the Services, and any applicable policies or terms; (c) to interrupt the operation of the Services, or any portion of the Services, as necessary.
SUBMISSIONS TO CAPGOWN
If you post, upload or make anything available to the Site, or otherwise submit anything to CAPGOWN in connection with your use of the Site, (collectively a “User Submission”), you hereby grant to CAPGOWN a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, comment on, modify, create derivative works based upon, and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content in all media formats, without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of permission from or payment to you or other person or entity. You waive any right to inspect or approve any such Content or any use of such Content.
You are responsible for all User Submissions you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like CAPGOWN, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, view our Copyright Dispute Policy at the bottom of the page.
RENTALS AND PURCHASES; OTHER TERMS AND CONDITIONS
CAPGOWN may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to the products and services may be out of date, and CAPGOWN makes no commitment to update the materials on the Site with respect to such products or services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
ACCOUNTS, PASSWORDS & SECURITY
Certain features or services offered on or through the Site may require you to open an Account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
You are entirely responsible for maintaining the confidentiality of the information pertaining to your account, including your password. You agree to notify CAPGOWN immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CAPGOWN or any other user of the Site due to someone else using your CAPGOWN user name, password or account as a result of your failing to keep your account information secure and confidential.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
INTERACTIONS WITH THIRD PARTIES
You may be able to interact with other users through the Site. Any information or content publicly posted or privately transmitted through the Site (“Third Party Content”) is the sole responsibility of the person from whom such Third Party Content originated, and you access all such Third Party Content at your own risk. We aren’t liable for any errors or omissions in Third Party Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use such Third Party Content or what actions you may take as a result of having been exposed to Third Party Content, and you hereby release us from all liability for you having acquired or not acquired Third Party Content through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site .
LINKS TO OTHERS SITES
The Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CAPGOWN’s control, and CAPGOWN is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
CAPGOWN is also free to terminate (or suspend access to) your use of the Site or your account, for any reason in our discretion, including your breach of these Terms. CAPGOWN has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
The Site, and its contents, and any products or services purchased or offered through the Site are delivered on an “as-is” and “as available” basis only, without any warranties of any nature. CAPGOWN makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of the site is at your sole risk. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAPGOWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPGOWN DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CAPGOWN WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF CAPGOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
CAPGOWN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR CAPGOWN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CAPGOWN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF LIABILITY IS PART OF THE BARGAIN BETWEEN THE PARTIES.
You agree to indemnify and hold CAPGOWN, its officers, directors, shareholders, successors in interest, employees, agents and subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against CAPGOWN by any third party due to or arising out of or in connection with (a) your use of the Site (including any actions taken by a third party using your account), and (b) your violation of these Terms.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your CAPGWON account, in any way (by operation of law or otherwise) without CAPGOWN’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
GOVERNING LAW; DISPUTE RESOLUTION
CAPGOWN makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.