Wednesday, 17 April 2013

Allvoices TOS

Terms of Use

Last revised: 10/12/2009

Acceptance

Welcome to Allvoices. By viewing and visiting this website at www.allvoices.com (the "Website" or the "Site") or by submitting, contributing or reporting information via the Website or cellphone or using any products or services available via the Website, you ("You" or "Your") acknowledge that You have read, understand and agree to these terms of use ("Terms of Use") in their entirety. By sending us a message via SMS or MMS You expressly agree to and accept our Terms of Use and privacy policy ("Privacy Policy").
The terms and conditions governing collection and handling of any information You submit while using this Website are contained in a separate Privacy Policy agreement available at http://www.allvoices.com/privacy.
Allvoices ("Allvoices," "We," "Us," or "Our") may amend these Terms of Use at anytime and from time to time. Allvoices will notify all users with accounts with the Website of any material changes to these Terms of Use via the email address You provide when You register with the Website. Such changes shall be effective immediately upon posting to the Website following Allvoices’ notice to You via email. You agree that it is Your sole responsibility to review these Terms of Use frequently:
  • If You are a Visitor (defined below), You must review these Terms of Use each time You visit the Website.
  • If You are a Contributor or Reporter (as defined below), You must review these Terms of Use from time to time.
If You object to any such changes, You must cease using the Website immediately. You agree that any subsequent use of the Website by You following the changes to these Terms of Use shall indicate Your acknowledgement of such changes, constitute Your acceptance of and agreement to be bound by the terms and conditions in all such changes.

Allvoices Websites

These Terms of Use apply to You, and all users, of the Website, including both those users who do not have an account with Allvoices ("Visitors") and users with accounts with Allvoices that submit, contribute or report content, information or any other materials or service via the Site, cellphones or email ("Contributors," "Members," or "Reporters").
These Terms of Use and Privacy Policy also apply to any content You send to us via SMS, MMS or email, including retrospectively to any content You sent via SMS, MMS or email prior to Your first use of this website.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Allvoices. Our provision of a link to any other website or location is for Your convenience and does not signify Our endorsement of such other website or location or its contents. Allvoices has no control over, does not review, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Please be aware that the terms of this Terms of Use and our Privacy Policy do not apply to these outside websites. By using the Site, You expressly relieve Allvoices from any and all liability arising for Your use of any third-party website. It is Your responsibility when You leave the Website to read the terms and conditions, and privacy policy of each other website You visit.

Content, Product and Services Available

At present, Allvoices provides You access to certain online resources, including various communication tools, blogging and discussion platforms. We reserve the right to change or discontinue temporarily or permanently any content, products or services available via the Website ("Website Services") at anytime without notice.
You agree that Allvoices will not be liable to You or any third party for any modification or discontinuance of the Website Services therein.
We cannot always anticipate technical or other operational outages which may result in loss of data, personalization settings or other services. Neither Allvoices nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization setting.

General Use of the Website

Subject to the terms and conditions of these Terms of Use, Allvoices grants You a limited, non-transferable, non-exclusive, license to access the features and functions of the Website as set forth in these Terms of Use, provided that:
  1. You do not distribute in any medium any part of the Website, including but not limited to User Contribution/Submissions/Reports without Allvoices’ prior written authorization.
  2. You agree to use the Website solely for Your personal use and not for any commercial use without the prior written consent of Allvoices.
  3. You agree not to use, upload, submit, transmit or launch any form of virus, worm, Trojan horse, automated system, or other malicious code, including without limitation, "robots", "spiders" or "offline readers" that accesses the website in a manner that sends more request that a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Allvoices grants the operators of public search engines permissions to user spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the material, but not caches or archives of such material. Allvoices reserves the right to revoke these exceptions either generally or in specific cases at any time in its sole discretion.
  4. You agree not to collect or harvest any personally identifiable information from the Site, including via any automatic or manual process, and including account names, from the Website nor to use the communications system provided by the websites (e.g. comments, blogs, questions and answers) for any commercial solicitation purposes, any users of the website with respect to their user contributions/submissions/reports. Further You agree not to use the Website to generate unsolicited email advertisements or spam.
  5. You agree not to conduct or promote any illegal activities; upload content, distribute or print anything that may be harmful to minors; upload content, distribute or print anything that violates the terms of this Agreement; attempt to reverse engineer or jeopardize the correct functioning of the Website; attempt to gain access to secured portions of the Website to which You do not possess access rights.
  6. You agree not to impersonate another user.
  7. You agree to otherwise comply with the terms and conditions of these Terms of Use , including provisions regarding acceptable or prohibited Allvoices community conduct (as set forth in the section below titled "Community Conduct"), and all applicable local and national and international laws and regulations.

Community Conduct

Because Allvoices is a global community site, we want to encourage discussion among users from around the globe. To do so, we have established rules of community conduct. By registering on the Allvoices site to become a Contributor to or contributing via cellphone, You agree that You will use common-sense rules and show courtesy and respect toward other users. You also agree You will not use the Allvoices Website to:
  • Defame, abuse, harass, stalk, threaten, impersonate or otherwise violate the legal rights of others via comments, private messages or other means; do not instigate or participate in online arguments, flame wars or name-calling
  • Post content that criticizes or reviews Allvoices' policies, staff members, or users; please contact us with suggestions or complaints using the links at Contact Us
  • Post obscene, pornographic, sexually explicit or otherwise illegal content; photos with sexualized nudity of any kind are not permitted on Allvoices, regardless of any attempts to censor or obscure the nudity
  • Post inappropriate, profane, infringing, obscene, indecent or unlawful material
  • Use hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion or nationality
  • Spread threats or incite violence towards any individual or group
  • Post copyrighted material of any format - any reports that include plagiarized or copyright infringing material will be subject to immediate deletion and removal from Allvoices
  • Conduct or promote any illegal activities
  • Upload content, report, distribute or print anything that may be harmful to minors as defined by 47 United States Code Sec. 231(e)(6)
  • Post marketing links to affiliate marketing programs in your reports
  • Post fictional reports or stories that may mislead our readers
  • Create aliases or other accounts in order to promote and praise your own work on Allvoices.com, or to put down or disrespect the work of others on Allvoices.com
  • Post spam to the site or send spam to other members via private messages or any other means
If Your article includes any of these violations, Your account will be stripped of all page views and revenues generated by that article since Sept. 1, 2011. If You have already been paid revenues for that article, those revenues will be deducted from your current balance.
Additionally, users who violate the above rules will be subject to written warnings and/or possible account termination by Allvoices. Disciplinary action is at the sole discretion of the Allvoices staff and will vary based on the frequency and severity of a user's violations.
Please share the news that matters to You in accordance with these Terms of Use. Participate and contribute to news events around the world as if You were there.

Permitted Use of Content

  1. The content in the Allvoices Website, except all User Contribution, User Reports and User Submissions (defined below), including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like ("Content") posted on or otherwise available via the Site and the trademarks, tradenames, service marks, logos and related marks contained therein ("Marks") are owned by or licensed to Allvoices. Content on the Website is provided to AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted broadcast, displayed, sold, licensed or otherwise exploited for any other purposed whatsoever with the prior written consent of Allvoices or its licensors. Allvoices reserves all rights not expressly granted hereunder in and to the Website, Marks and Content.
  2. You agree to not use, copy, distribute, or attempt to do any of the foregoing, any of the Content or User Contributions or User Reports or User Submissions, for any commercial purposes.
  3. You understand and agree that Allvoices does not represent or endorse any User Reports and User Contributions and is not responsible or liable for any User Contributions and User Reports and User Submissions even though any User Contributions and User Reports User Submissions that may be considered unlawful, inaccurate, objectionable, offensive, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that may infringe upon the intellectual property or other rights of another. You understand and agree that Allvoices makes no representation about the selection of User Contributions and User Reports and User Submissions submitted by users that is available via the Website, Allvoices makes no representation that Allvoices discloses all submitted User Contributions and User Reports and User Submissions, or that the User Contributions and User Reports and User Submissions posted via the Website and cellphones represent an exhaustive representation of what Allvoices receives via the Website and cellphones. Further, Allvoices makes no representations or warranties about any and all editorial content on the Website. Opinions on the Website are not to be construed as assertions of fact. You hereby waive any legal or equitable rights or remedies You have or may have against Allvoices with respect to User Reports and User Contributions and User Submissions, and agree to indemnify and hold Allvoices, its owner/operators, affiliates, employees, agents and licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
You acknowledge that Allvoices does not have a duty to prescreen User Contributions and User Reports and User Submissions, but we reserve the right to refuse to post or to redact User Contributions for profanity and racial slurs or other violations of these Terms of Use, at our sole discretion, however We haves no obligation to do so. Allvoices and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any user content that is posted on or through the service, but We are not responsible for any failure or delay in removing such material. In addition to the foregoing, Your responsibility and obligation with respect to Content You submit or report is outlined below.
Though We expect all users to adhere by our content policies in these Terms of Use, You may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. You use the Site at Your own risk. You agree that Allvoices is not liable for content that is provided by others. We take no responsibility for Your exposure to content on the Website whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.

User submissions, contributions, reports and conduct

To contribute, report or submit content to the Allvoices Website including a news event, people, comments, questions and answers, feedback, blogs and perspectives, textual content, news URLs, emails, SMS, MMS, public user profiles as well as photographs, videos and images or report a news event ("User Contribution," "User Submission," or "User Reports"), You must have an account on the Allvoices Website or must create one during the first time You contribute. If You are sending us a contribution and report via cellphone without registering, our system will accept Your contribution and may not publish it unless You visit the Website to register. However these Terms of Use and Privacy Policy also applies to any content You send to Us via SMS, MMS and email including retrospectively to any content You sent via SMS, MMS and email prior to Your first use of this site. By sending us a message via SMS or MMS You expressly agree to and accept our terms of use and privacy policy. You acknowledge that Allvoices does not guarantee any confidentiality with respect to any User Contribution, User Report or User Submission and that User Contributions, User Reports and User Submissions may be accessed and viewed by others, including the general public.
  1. You are solely responsible for Your own User Contributions and the consequences of posting or publishing them. You represent and warrant that You own or have necessary and sufficient licenses, rights, consents and permission to post each User Contribution, User Report and User Submission to the Website or sent to Allvoices via cellphones and to use and authorize Allvoices to use all patent, trademark, trade secret, copyright or other proprietary rights in any and all User Contributions, User Reports and User Submissions You submit, to enable inclusion and use of the User Contributions, User Reports and User Submissions in the manner contemplated by the Website/Allvoices and these Terms of Use. By submitting User Contributions, User Reports and User Submissions to public areas of the Website, You grant Allvoices the right to use, copy, display, perform, distribute, adapt and promote such User Contributions, User Reports and User Submissions in any medium. You take sole and complete responsibility for any content You submit or report via the Website or SMS/MMS/email or sent to Allvoices in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, report, submit or otherwise transmit any content that (i) You do not own or to which You do not have the written permission of the owner to upload to the Site, (ii) in any way infringes on the rights of third parties, or (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another.
  2. You retain all of the ownership rights to Your User Contributions, User Reports and User Submissions. However, by submitting or reporting User Contributions, User Reports and User Submissions to Allvoices, You hereby grant Allvoices a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions, User Reports and User Submissions in connection with the Site, including all rights for promoting and redistributing part or all of Allvoices websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access Your User Contributions, User Reports and User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Contributions, User Reports and User Submissions as permitted through the functionality of the Site and under these Terms of Use. The above licenses granted by You in User Contributions, User Reports or User Submissions terminate within a commercially reasonable time after You remove or delete Your User Contribution, User Report or User Submission from the Allvoices Site, provided that, in no event, shall any failure by Allvoices to remove or delete any User Contributions, User Reports, or User Submissions be deemed a breach of these Terms of Use. You understand and agree, however, that Allvoices may retain, but not display, distribute, or perform, server copies of the User Contributions, User Reports and User Submissions that have been removed or deleted.
  3. In the event that Your User Contribution, User Report or User Submission (collectively “Your Material”) is original, exclusive, and previously unpublished, You will have the option – upon checking the box labeled “Exclusivity License” – to exclusively allow Allvoices, for a period of forty-eight (48) hours, to syndicate Your Material to other media outlets. By checking such box (i) You agree that Your Material is subject to the Exclusivity License; (ii) You hereby grant Allvoices an irrevocable, exclusive, worldwide and non-transferable license, for a period of forty-eight (48) hours from the moment Your Material has been submitted and/or uploaded in our servers (the “Exclusivity Period”) to promote, market, and negotiate the licensing of Your Material to media publications, groups or organizations (news, TV and Radio) (collectively, the “Media Buyer”), as selected by Allvoices in its sole discretion; and (iii) You give Allvoices the right to grant a license to Your Materials to the Media Buyers. During the Exclusivity Period, You may not sell, license, or otherwise assign or transfer any rights to Your Materials marked under an Exclusivity License to a third party. Each syndication use, as negotiated by Allvoices, will include any copyright notices provided by You in Your Materials at the time You submitted them to Allvoices. Allvoices reserves the right to market, promote and negotiate the licensing of Your Materials with as many Media Buyers as possible during the Exclusivity Period, as well as reserving the right to negotiate the type of license to Your Materials including, but not limited to, (a) granting worldwide, non-transferable and non-sublicenseable licenses to copy, distribute, display, and perform Your Materials; (b) granting a limited right to create derivative works solely for the edition, condensation and/or reformatting of Your Materials as required for publication; (c) syndicating Your Materials to a single Media Buyer on an exclusive basis, upon reasonable compensation; (d) granting limited-term licenses, provided that rights to Your Materials will revert immediately to You upon termination of such license term. Licenses granted to Media Buyers shall not include any rights for further syndication and/or licensing of Your Materials. Upon conclusion of the Exclusivity Period, Allvoices will release Your Material, making it available for non-exclusive licensing. Except with respect to the licensed granted above, You maintain at all times full ownership of Your Materials. For each syndication license sold to a fixed Media Buyer, Allvoices will retain twenty five percent (25%) of the net receipts as [a one-time] commission. You will receive the remaining seventy five percent (75%) of the net receipts (“Payment”) within thirty (30) days after Allvoices receives the Payment from the applicable Media Buyer. For purposes of this section, “Net Receipts” shall mean all amounts paid to Allvoices for Your Material, except that Allvoices may deduct the following items from any Payment before calculating the amount owed to You: (i) cancellations of a license where the original sale was reported in a current or past Payment Report; (ii) overpayment in a prior Payment (should a payment error occur); and/or (iii) any costs associated with a claim due to a breach of this Agreement on Your part (“Deductions”). Allvoices will notify you of any Deductions in a Payment Report before deducting them from the Payment (you can always inquire if you are unsure of anything in your report). All Deductions will be netted out before payment is calculated to either party. Allvoices will make all payments hereunder free and clear of, and without reduction for, any withholding taxes. Any taxes imposed on any Payments hereunder will be Your sole responsibility, and You hereby agree to defend, indemnify and hold harmless Allvoices arising from any liability related to such taxes.
  4. You further represent and warrant that You will not submit or report User Contributions, User Reports and User Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and grant Allvoices all of the license rights granted herein. You represent and warrant that You have the permission of those individuals or entities whose information appears in the content You submit or report via the Website/SMS/MMS/email and that You have obtained the necessary permissions to disclose such information to the general public, and to show any Marks that may appear in Your content. You are solely responsible for retaining Your own backup copies of any User Contributions, User Reports and User Submissions You submit or report via the Website, SMS, MMS or email.
  5. You agree and accept that Your conduct and the type of material You submit adheres to the provisions under the section above titled, "Community Conduct".

General Rules

Provide accurate information: You agree to provide true, accurate, current information about yourself in Allvoices registration forms (registration data). You agree to update the registration data to keep it current and accurate.
Protect Your information: Please choose carefully the information You post on Your public profile page on allvoices.com. Your profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other allvoices.com contributors/members (for instance, in their profile) may contain inaccurate, inappropriate, offensive and sexually explicit material, products or services, and Allvoices assumes no responsibility or liability for this material. If You become aware of misuse of the Allvoices services by any person, please contact misconduct@allvoices.com or click on the "flag" link at the bottom of each content item.
Protect Your password: Upon completing registration process, You will receive an account and select a password, You are responsible for maintaining the confidentiality of Your password and account, and You are fully responsible for all the activities that occur under Your password or account or any other breach of security, You must notify Allvoices immediately and promptly change Your password. Please go to Your profile page "Account Setting" for instructions on how to change Your password or to contact help@allvoices.com

Copyright Infringement

Allvoices does not permit copyright infringing activities and infringement of intellectual property rights on its Website and Allvoices will remove all Content, User Contribution, User Report and User Submission if properly notified that such content or User Contribution, User Report and User Submission infringed on another’s intellectual property rights. Allvoices reserves the right to remove Content, User Contributions, User Reports and User Submissions without prior notice.
If You are a copyright owner or an agent thereof and believe that any Content, User Contribution, User Report and User Submission infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium copyright Act (DMCA) by providing our copyright agent with the following information in writing:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
  3. A description of where the material that You claim is infringing is located on the Website;
  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; and
  6. A statement by You that You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Allvoices designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Allvoices, Inc.
Copyright Agent
351 California Street, Suite 1210
San Francisco, CA 94104

By email:

copyright@allvoices.com

By fax:

Allvoices, Inc.
ATTN: Copyright Agent
+1-415-723-7399
You acknowledge that if You fail to comply with all of the above requirements, Your DMCA notice may not be valid.

Account Termination policy

Allvoices may terminate Your access to this Website, at its sole discretion at any time without notice, including if You are determined to be in violation of these Terms of Use. Allvoices reserves the sole and exclusive right to decide whether Content or User Contributions, User Reports and User Submissions are inappropriate and whether they comply with these Terms of Use.

Warranty Disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE ALLVOICES WEBSITE, INCLUDING ALL CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALLVOICES MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE WEBSITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLVOICES, ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICE AND YOUR USE THEREOF. ALLVOICES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, PRODUCTS OR SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. ALLVOICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FURTHER, ALLVOICES EXPRESSLY DISCLAIMS ANY WARRANTIES AND ALL LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR MALFUNCTIONS OF OR SECURITY BREACHES OF OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. ALLVOICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ALLVOICES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALLVOICES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL ALLVOICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR INABILITY TO USE ALLVOICES SERVICES OR FEATURES AND FUNCTIONS OF THE WEBSITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF ALLVOICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALLVOICES SHALL NOT BE LIABLE FOR USER SUBMISSIONS, USER REPORTS, USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, ALLVOICES SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).
The Website is controlled and offered by Allvoices from its facilities in the United States of America. Allvoices makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Allvoices Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws and regulations.

Indemnity

You agree to defend, indemnify and hold harmless Allvoices, its officers, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of, and access to, or misuse of the Allvoices Website/Service; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, privacy, intellectual property or other proprietary right; or (iv) any claim that one of Your User Contributions, User Reports and User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website or any services offered by Allvoices. Allvoices reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Allvoices in asserting any available defenses.

Ability to accept Terms of Use

You affirm that You are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representation, and warranties set forth in these Terms of Use. In any case, You affirm that You are over the age of 13. The Website is not intended for children under 13. Allvoices does not knowingly collect information from users under the age of 13. If You are under 13 years of age, then You must not use the Website, and do not submit any personal information to Us.

Opting out from US SMS

For US users, to opt-out from our SMS service, You can text STOP or END or CANCEL or UNSUBSCRIBE or STOP ALL into VOICES (864237) from Your mobile phone and we will unsubscribe You from our SMS text messaging service immediately. You will not receive any additional messages until You re-register on the Website.

How to get help or support

To get help, email Us at support@allvoices.com, or view Our help section on this site. From Your mobile phone, You may request our contact information at any time by texting HELP into VOICES (864237).

Miscellaneous

These Terms of Use constitute the entire agreement between Allvoices and You with respect to Your rights to access and use the Website. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California. Any dispute arising out of these Terms of Use shall be adjudicated exclusively in the state or federal courts of the State of California and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Allvoices as a result of these Terms of Use or Your use of or access to the Website.

Next Read : http://www.allvoices.com/terms

Amahi Terms of Service

In Short

We run a service called Amahi and would love for you to use it. Our basic service is free. We are currently in Beta, and we require that you do not use software in connection with Amahi with valuable data. The vast majority of software in Amahi is GPL software, so we do not take responsibility over bugs we have or other software that we require may have.
If you find something in our site or software that you believe violates our terms of service, please contact us.
Creative Commons LicenseNOTE: We’ve decided adopt the Terms of Service below adapted from the Terms of Service of our friends at wordpress.com, which they graciously made available under a Creative Commons Sharealike license. Thanks Automattic!

Terms of Service

The following terms and conditions govern all use of the Amahi websites and all content, services and products available at or through the websites, including, but not limited to, the Amahi Home Server control panel, wiki, blog, forums, bug tracker, code repo under the various domains property of Amahi (taken together, the Website). The Website and software is owned and operated by Amahi, Inc. (“Amahi”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Amahi’s Privacy Policy) and procedures that may be published from time to time on this Site by Amahi (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or downloading any of our software (even without signing up as a user), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Amahi, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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Next Read : https://www.amahi.org/tos

Intel SDK


End User License Agreement
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not copy, install, or use the Materials provided under this license agreement ("Agreement"), until you have carefully read the following terms and conditions. By copying, installing, or otherwise using the Materials, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not copy, install, or use the Materials.
End User License Agreement for the Intel(R) Software Development Products
1. LICENSE DEFINITIONS:
A. "Materials" are defined as the software, documentation, license key codes and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement. Materials also include the Redistributables, Cluster OpenMP Library, and Sample Source as defined below.
B. "Redistributables" are the files listed in the following text files that may be included in the Materials for the applicable Intel Software Development Product: clredist.txt, credist.txt, fredist.txt, redist.txt.
C. "Cluster OpenMP Library", is comprised of the files listed in the "clredist.txt" file specified above, is the Intel(R) Cluster OpenMP* Library add-on option to the Intel(R) C++ Compiler for Linux* and Intel(R) Fortran Compiler for Linux* products ("Intel Compiler for Linux"). The use of the Cluster OpenMP Library is conditioned on having a valid license from Intel for the Cluster OpenMP Library and for either Intel Compiler for Linux, and further is governed by the terms and conditions of the license agreement for applicable the Intel Compiler for Linux.
D. "Source Code" is defined as the Materials provided in human readable format, whether unmodified or modified by you.
E. "Sample Source" is the Source Code file(s) that: (i) demonstrate certain limited functions included in the binary libraries of the Intel(R) Integrated Performance Primitives ("Intel(R) IPPs"); (ii) are identified as Intel IPP sample source code; (iii) are obtained separately from Intel after you register your copy of the Intel Integrated Performance Primitives product with Intel; and (iv) are subject to all of the terms and conditions of this Agreement.
F. "Microsoft Platforms" means any current and future Microsoft operating system products, Microsoft run-time technologies (such as the .NET Framework), and Microsoft application platforms (such as Microsoft Office or Microsoft Dynamics) that Microsoft offers.
2. LICENSE GRANT:
A. Subject to all of the terms and conditions of this Agreement, Intel Corporation ("Intel") grants to you a non-exclusive, non-assignable, copyright license to use the Materials.
B. Subject to all of the terms and conditions of this Agreement, Intel grants to you a non-exclusive, non-assignable copyright license to modify the Materials, or any portions thereof, that are (i) provided in Source Code form or, (ii) are defined as Redistributables and are provided in text form.
C. Subject to all of the terms and conditions of this Agreement and any specific restrictions which may appear in the Redistributables text files, Intel grants to you a non-exclusive, non-assignable, fullypaid copyright license to distribute (except if you received the Materials under an Evaluation License as specified below) the Redistributables, including any modifications pursuant to Section 2.B, or any portions thereof, as part of the product or application you developed using the Materials. If such application is a software development library, then attribution, as specified in the product release notes of the corresponding Materials, shall be displayed prominently in that application’s product documentation and on the application’s product web site.
3. LICENSE RESTRICTIONS:
A. If you receive your first copy of the Materials electronically, and a second copy on media, then you may use the second copy only in accordance with your applicable license stated in this Agreement, or for backup or archival purposes. You may not provide the second copy to another user.
B. You may NOT: (i) use or copy the Materials except as provided in this Agreement; (ii) rent or lease the Materials to any third party; (iii) assign this Agreement or transfer the Materials without the express written consent of Intel; (iv) modify, adapt, or translate the Materials in whole or in part except as provided in this Agreement; (v) reverse engineer, decompile, or disassemble the Materials; (vi) attempt to modify or tamper with the normal function of a license manager that regulates usage of the Materials; (vii) distribute, sublicense or transfer the Source Code form of any components of the Materials, Redistributables and Sample Source and derivatives thereof to any third party except as provided in this Agreement; (viii) distribute Redistributables except as part of a larger program that adds significant primary functionality different from that of the Redistributables; (ix) distribute the Redistributables to run on a platform other than a Microsoft Platform if per the accompanying user documentation the Materials are meant to execute only on the Microsoft Platforms; (x) include the Redistributables in malicious, deceptive, or unlawful programs; or (xi) modify or distribute the Source Code of any Redistributable so that any part of it becomes subject to an Excluded License. An "Excluded License" is one that requires, as a condition of use, modification, or distribution, that (a) the code be disclosed or distributed in source code form; or (b) others have the right to modify it.
C. The scope and duration (time period) of your license depends on the type of license you obtained from Intel. The variety of license types are set forth below, which may not be available for all "Intel(R) Software Development Products" and therefore may not apply to the Materials. For more information on the types of licenses, please contact Intel or your sales representative.
i. PRE-RELEASE LICENSE: If you are using the Materials under the control of a pre-release license, (a) the Materials are pre-release code (e.g., beta release, etc), which may not be fully functional and which Intel may substantially modify in producing any commercial version, and which Intel can provide no assurance that it will ever produce or make generally available a commercial version, and (b) you as an individual may use the Materials only for the term of the pre-release time period, which is specified elsewhere in the Materials, or upon the commercial release of the Materials. You may install copies of the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
ii. EVALUATION LICENSE: If you are using the Materials under the control of an Evaluation license, you as an individual may use the Materials only for internal evaluation purposes and only for the term of the evaluation time period, which may be controlled by the license key code for the Materials. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY NOT DISTRIBUTE ANY PORTION OF THE MATERIALS, AND THE APPLICATION AND/OR PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION PERIOD. You may install copies of the Materials on a reasonable number of computers to conduct your evaluation provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel may provide you with a license code key that enables the Materials for an Evaluation license. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
iii. NONCOMMERCIAL-USE LICENSE: If you are using the Materials under the control of a Noncommercial-Use license, you as an individual may use the Materials only for non-business use where you receive no fee, salary or any other form of compensation. The Materials may not be used for any other purpose, whether "for profit" or "not for profit." Any work performed or produced as a result of use of the Materials cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration. You may install copies of the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel will provide you with a license code key that enables the Materials for a Noncommercial-Use license. If you obtained a time-limited Noncommercial-Use license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
iv. SINGLE-USER LICENSE: If you are using the Materials under the control of a Single-User license, you as an individual may install and use the Materials on an unlimited number of computers provided that you are the only individual using the Materials and only one copy of the Materials is in use at any one time. A separate license is required for each additional use and/or individual user in all other cases. Intel will provide you with a license code key that enables the Materials for a Single-User license. If you obtained a time-limited Single-User license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. If you are an entity, Intel grants you the right to designate one individual within your organization to have the sole right to use the Materials in the manner provided above.
v. NODE-LOCKED LICENSE: If you are using the Materials under the control of a Node-Locked license, you may use the Materials only on a single designated computer by no more than the authorized number of concurrent users. A separate license is required for each additional concurrent user and/or computer in all other cases. Intel will provide you with a license code key that enables the Materials for a Node-Locked license up to the authorized number of concurrent users. If you obtained a time-limited Node-Locked license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials.
vi. FLOATING LICENSE: If you are using the Materials under the control of a Floating license, you may (a) install the Materials on an unlimited number of computers that are connected to the designated network and (b) use the Material by no more than the authorized number of concurrent users. A separate license is required for each additional concurrent user and/or network on which the Materials are used. Intel will provide you with a license code key that enables the Materials for a Floating license up to the authorized number of concurrent users. If you obtained a time-limited Floating license, the duration (time period) of your license and your ability to use the Materials is limited to the time period of the obtained license, which is controlled by the license key code for the Materials. Intel Library Floating License: If the Materials are the Intel(R) Math Kernel Library or the Intel(R) Integrated Performance Primitives Library or the Intel(R) Threading Building Blocks (either "Intel Library"), then the Intel Library is provided to you as an add-on option to either the Intel(R) C++ Compiler product or the Intel(R) Fortran Compiler product (either "Intel Compiler") for which you have a Floating license, and as such, in addition to the terms and conditions above, the Intel Library may only be used by the authorized concurrent users of that Intel Compiler Floating license.
D. DISTRIBUTION: Distribution of the Redistributables is also subject to the following limitations: You (i) shall be solely responsible to your customers for any update or support obligation or other liability which may arise from the distribution, (ii) shall not make any statement that your product is "certified", or that its performance is guaranteed, by Intel, (iii) shall not use Intel's name or trademarks to market your product without written permission, (iv) shall use a license agreement that prohibits disassembly and reverse engineering of the Redistributables, (v) shall indemnify, hold harmless, and defend Intel and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from your distribution of any product.
E. Intel(R) Integrated Performance Primitives (Intel IPP). The following terms and conditions apply only to the Intel IPP.
i. Notwithstanding anything in this Agreement to the contrary, if you implement the Sample Sources in your application or if you use Intel IPP to implement algorithms that are protected by others’ licenses then you may need additional licenses from various entities. Should any such additional licenses be required, you are solely responsible for obtaining any such licenses and agree to obtain any such licenses at your own expense.
ii. Notwithstanding anything herein to the contrary, a valid license to Intel IPP is a prerequisite to any license for Sample Source, and possession of Sample Source does not grant any license to Intel IPP (or any portion thereof). To access Sample Source, you must first register your licensed copy of the Intel IPP with Intel. By downloading, installing or copying any Sample Source file, you agree to be bound by terms of this Agreement.
F. SOFTWARE TRANSFER: You may permanently transfer the Materials and all of your rights under this Agreement to another party ("Recipient") only if you notify Intel of the transfer by sending a letter to Intel certifying that you retain no copies of the Materials and that the Recipient has agreed in writing to be bound by all of the terms and conditions of this Agreement. Please send such letter to:
Intel Corporation
2111 NE 25th Avenue
Hillsboro, OR 97124
Attn: DPD Contracts Management, JF1-15
4. COPYRIGHT: Title to the Materials and all copies thereof remain with Intel or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, no license or right is granted to you directly or by implication, inducement, estoppel or otherwise, specifically Intel does not grant any express or implied right to you under Intel patents, copyrights, trademarks, or trade secret information.
5. NO WARRANTY AND LIMITED REPLACEMENT: THE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. If the media on which the Materials are furnished are found to be defective in material or workmanship under normal use for a period of ninety (90) days from the date of receipt, Intel's entire liability and your exclusive remedy shall be the replacement of the media. This offer is void if the media defect results from accident, abuse, or misapplication.
6. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. INTEL OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTEL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. UNAUTHORIZED USE: THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should the buyer purchase or use the Materials for any such unintended or unauthorized use, the buyer shall indemnify and hold Intel and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Intel was negligent regarding the design or manufacture of the part.
8. USER SUBMISSIONS: You agree that any material, information or other communication you transmit or post to an Intel website or provide to Intel under this Agreement related to the features, functions, performance or use of the Materials will be considered non-confidential and non-proprietary ("Communications"). Intel will have no obligations with respect to the Communications. You hereby grant to Intel a non-exclusive, perpetual, irrevocable, royalty-free, copyright license to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein, including derivative works thereto, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from an Intel website or provide to Intel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If you wish to provide Intel with your confidential information, Intel requires a non-disclosure agreement ("NDA") to receive such confidential information, so please contact your Intel representative to ensure the proper NDA is in place.
9. CONSENT. You agree that Intel, its subsidiaries or suppliers may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Materials, and to verify compliance with the terms of this Agreement. Intel may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
10. TERMINATION OF THIS LICENSE: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. If you are using the Materials under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is specified elsewhere in the Materials, and/or controlled by the license key code for the Materials. Intel may terminate this license immediately if you are in breach of any of its terms and conditions and such breach is not cured within thirty (30) days of written notice from Intel. Upon termination, you will immediately return to Intel or destroy the Materials and all copies thereof. Any distribution of the Redistributables conducted in accordance with the terms and conditions of this Agreement shall survive termination of this Agreement.
11. U.S. GOVERNMENT RESTRICTED RIGHTS: The technical data and computer software covered by this license is a "Commercial Item," as such term is defined by the FAR 2.101 (48 C.F.R. 2.101) and is "commercial computer software" and "commercial computer software documentation" as specified under FAR 12.212 (48 C.F.R. 12.212) or DFARS 227.7202 (48 C.F.R. 227.7202), as applicable. This commercial computer software and related documentation is provided to end users for use by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Use for or on behalf of the U.S. Government is permitted only if the party acquiring or using this software is properly authorized by an appropriate U.S. Government official. This use by or for the U.S. Government clause is in lieu of, and supersedes, any other FAR, DFARS, or other provision that addresses Government rights in the computer software or documentation covered by this license. All copyright licenses granted to the U.S. Government are coextensive with the technical data and computer software licenses granted herein. The U.S. Government shall only have the right to reproduce, distribute, perform, display, and prepare derivative works as needed to implement those rights.
12. GENERAL PROVISIONS
A. ENTIRE AGREEMENT: This Agreement is intended to be the entire agreement between you and Intel with respect to matters contained herein, and supersedes all prior or contemporaneous agreements and negotiations with respect to those matters. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. If any provision of this Agreement is determined by a court to be unenforceable, you and Intel will deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of the Agreement will continue in effect. Any change, modification or waiver to this Agreement must be in writing and signed by an authorized representative of you and Intel.
B. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Delaware, without regard to principles of conflict of laws. You agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. You agree that your distribution and export/re-export of the Software and permitted modifications shall be in compliance with the laws, regulations, orders or other restrictions of applicable export laws.

13. THIRD PARTY PROGRAMS. The Materials may include third party programs or materials. The license terms with those programs or materials apply to your use of them, and Intel is not liable for them.
* Other names and brands may be claimed as the property of others

CPUID CPU-Z END-USER LICENSE AGREEMENT (EULA)


CPUID CPU-Z END-USER LICENSE AGREEMENT (EULA)

IMPORTANT - PLEASE READ CAREFULLY

This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and CPUID for the CPUID software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
By installing, copying, or otherwise using CPU-Z, you agree to be bound by the terms of this agreement.

1. CPUID CPU-Z PRODUCT LICENSE

CPUID CPU-Z is a free software : you can freely use it and redistribute it.
CPUID CPU-Z is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

For further information, please contact:

CPUID
26 SQUARE DES TAMARIS
59495 LEFFRINCKOUCKE
FRANCE

1.1. COPYRIGHT

CPUID is the sole developer and owner of CPUID CPU-Z. You, as user of CPUID CPU-Z, acknowledge and agree that CPUID CPU-Z is a proprietary product of CPUID under the French and European copyright laws and prevailing copyright laws throughout the world. You further acknowledge and agree that all right, title, and interest in and to CPUID CPU-Z, including associated intellectual property rights, are and shall remain with CPUID, and you agree not to contest CPUID's ownership or the validity of CPUID's rights.
This License Agreement does not convey to you an interest in or to CPUID CPU-Z, but only a limited right to use the work, which is revocable in accordance with the terms of this License Agreement.
You assume responsibility for the selection of this program to achieve your intended results, and for its installation and subsequent use.

1.2 SOFTWARE DEFECT REPORTING

If you find software defects in CPUID CPU-Z, you should report them to cpuz@cpuid.com. CPUID will evaluate them and, at its sole discretion, may address them in a future revision of CPUID CPU-Z.

1.3. UPDATES

The CPUID CPU-Z updates (including, but not limited to : bug fixes, upgrades, hot fixes, enhancements, modifications, new releases) are provided in the sole discretion of CPUID.
If CPUID does provide you with any updates, such updates shall be subject to the terms and conditions of this Agreement (including the License) or such agreement, if any, which accompanies such updates.

2. RIGHTS OF CPUID

You acknowledge and agree that CPUID CPU-Z contains proprietary material of CPUID protected under French and International copyright, trademark, and trade secret laws and conventions. All right, title, and interest in CPUID CPU-Z are, and shall remain, with CPUID.
This Agreement does not convey to you any title or interest in and to CPUID CPU-Z only the limited right of use which may be terminated as provided for herein.

3. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." CPUID AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFWARE OR SUCH FILES. CPUID AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the quality and performance of CPUID CPU-Z is with you.
Should CPUID CPU-Z prove defective, you (and not CPUID or any authorized dealers of CPUID products) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foregoing does not affect or prejudice your statutory rights.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.

4. LIMITATION OF LIABILITY

IN NO EVENT WILL CPUID BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE CPUID CPU-Z, EVEN IF CPUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO EVENT WILL CPUID BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY ARISING OUT OF YOUR USE OF CPUID CPU-Z.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold CPUID harmless from and against any claims or lawsuits, including costs and attorneys fees, that arise or result from the use of CPUID CPU-Z, provided CPUID gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense and cooperates with you at your expense in defending or settling such claim.

6. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of France. Any legal proceedings arising under this Agreement shall be instituted only in the courts of France.
The parties opt out of the United Nations Convention on the Sale of Goods and choose the laws of the France to apply to the Agreement and performance hereunder.

7. SEVERABILITY

Should any term of this Agreement be declared invalid, illegal, void, or not enforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining terms shall remain in full force and effect.

8. WAIVER

The waiver or failure of either party to exercise or enforce in any respect any of its rights provided for in this Agreement or take action against the other party in the event of a breach of this Agreement shall not be deemed a waiver of any further right under this Agreement by such party or the right to subsequent enforcement of its rights or actions in the event of subsequent or the same breaches by the other party.
Should you have any questions concerning this Agreement, you may contact CPUID by writing :

CPUID
26 SQUARE DES TAMARIS
59495 LEFFRINCKOUCKE
FRANCE

9. TRADEMARKS

The names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.

10. COMPLETE AGREEMENT

BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CPUID REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CPUID RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

11. OPTIONAL SUPPORT SERVICES

At your option and expense, and under a separate agreement, CPUID may provide you with support services related to your use of CPUID CPU-Z.
Any supplemental software code provided to you as part of the support services shall be considered part of CPUID CPU-Z and subject to the terms and conditions of this License Agreement.

12. PRIVACY POLICY

Please consult CPUID Privacy Policy at http://www.cpuid.com/privacy-policy.html

13. TERMS OF SERVICE

Please consult CPUID Terms Of Service at http://www.cpuid.com/terms-of-service.html

14. CPUID CPU-Z UNINSTALL INSTRUCTIONS

In order to remove CPUID CPU-Z from your system, select Programs from Start button, CPUID, CPU-Z, and choose "Uninstall CPU-Z". You can do the same from Control Panel, "Add and Remove Programs".


Tuesday, 16 April 2013

AMD License Agreement

IMPORTANT — READ CAREFULLY:  Do not load this Software until you have carefully read and agreed to the following terms and conditions.  This is a legal agreement (“Agreement”) between you (either an individual or an entity) (you or “Licensee”) and Advanced Micro Devices, Inc. (“AMD”). If Licensee does not agree to the terms of this Agreement, do not install or use this Software or any portion thereof.  By loading or using this software that mayinclude associated media, printed Software, and online or electronic documentation or any portion thereof that is made available to install (“Software”), Licensee agrees to all of the terms of this Agreement.
1. License.  The software accompanying this License (hereinafter “Software”), regardless of the form in which it is distributed, is licensed to you by Advanced Micro Devices, Inc.  You own the medium on which the Software is recorded, but Advanced Micro Devices, Inc. and, if applicable, its Licensors (referred to collectively as “AMD”) retain title to the Software and related documentation.  You may:a) make a copy of the Software in machine-readable form for backup purposes.  You must reproduce on such copy AMD’s copyright notice and any other proprietary legends that were on the original copy of the Software;b) transfer all your license rights in the Software to a third party provided you must also transfer a copy of this License, the backup copy of the Software and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License.  Upon such transfer your license is then terminated; andc) make and distribute copies of the Software within your organization, provided that you agree to include all copyright legends and other legal notices that may appear in the Software, as well as this Software License Agreement in its entirety, in each copy of the Software that is made or distributed.
2.  Restrictions.  The Software contains copyrighted and patented material, trade secrets and other proprietary material.  In order to protect them, and except as permitted by applicable legislation, you may not:a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; orc) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.
3 OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is protected by United States and foreign intellectual property laws (e.g. patent and copyright laws) and international treaty provisions.  Licensee will not remove the copyright notice from the Software.  Licensee agrees to prevent any unauthorized copying of the Software.  All title and copyrights in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights therein shall remain vested in AMD.  Except as expressly provided herein, AMD does not grant any express or implied right to Licensee under AMD patents, copyrights, trademarks, or trade secret information.  All rights in and to the Software not expressly granted to Licensee in this Agreement are reserved to AMD.
4.  SUPPORT:  Under this Agreement, AMD is under no obligation to assist in the use of this Software, to provide support to licensees of the Software, or to provide maintenance, correction, modification, enhancement, or upgrades to the Software.  AMD may provide such support, maintenance, correction, modification, enhancement or upgrades in a media determined by AMD and AMD shall have no obligation to notify Licensee thereof.  Additionally, such support, maintenance, correction, modification, enhancement, or upgrades shall be considered part of the Software, and shall be subject to this Agreement.
5.  Termination.  This License is effective until terminated.  You may terminate this License at any time by destroying the Software, related documentation and all copies thereof.  This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License.  Upon termination you must destroy the Software, related documentation and all copies thereof.
6.  Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply.  The Government agrees the Software and documentation were developed at private expense and are provided with “RESTRICTED RIGHTS”.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time.  In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
7.  EXPORT ASSURANCES:  Licensee agrees and certifies that neither the Software, nor any direct product thereof will be exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder without the required authorization from the United States government nor will it be used for any purpose prohibited by the same.
8.  No Other License.  No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.
9.  Additional Licenses.  DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.
10.  Disclaimer of Warranty on Software.  You expressly acknowledge and agree that use of the Software is at your sole risk.  The Software and related documentation are provided “AS IS” and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.  FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11.  Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  AMD will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim.   In no event shall AMD’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
12.  Controlling Law and Severability.  This License shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles.  In the event of any conflicts between foreign law, rules, and regulations, and United States law, rules, and regulations, United States rules and regulations shall prevail and govern.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License.  If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
13.  Complete Agreement.  This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.
This software may be used for any purpose but may not be re-sold in original or modified form.

http://developer.amd.com/amd-license-agreement/?f=AMD-APP-SDK-v2.8-lnx64.tgz

Wednesday, 10 April 2013

http://id.shvoong.com/portfolio/frmUserAgreement.aspx


Pendahuluan
Shvoong Communications (selanjutnya disebut "Shvoong" atau "kami"), perusahaan yang didirikan di bawah naungan hukum Israel yang mengoperasikan dan memiliki situs shvoong.com yang terletak antara lain di www.shvoong.com (selanjutnya disebut "situs") dengan gembira mengundang anda semua untuk menggunakan, memberi nilai, berkontribusi, dan mendapatkan komisi. Penggunaan situs ini dalam bentuk apapun tunduk kepada aturan dan ketentuan yang terdapat di dalam situs ini, dan dengan menggunakan situs ini berarti anda setuju kepada semua aturan dan ketentuan tersebut tanpa syarat. Ketentuan Penggunaan ini akan diperbarui secara berkala.
1. Aturan dan ketentuan
Seperti tercantum di atas, Ketentuan Penggunaan ini mengatur tata cara penggunaan situs ini dan anda dianggap telah menyetujui semua ketentuan tanpa terkecuali. Kami berhak untuk mengubah ketentuan ini dari waktu ke waktu dan dengan ini anda menerima bahwa setiap kunjungan ke situs ini tunduk kepada ketentuan yang sedang berlaku saat itu. Jika anda terus menggunakan situs ini, maka anda dianggap memberikan persetujuan anda atas seluruh Ketentuan Penggunaan ini dan semua perubahan isinya.
2. Gambaran situs
Situs ini bertujuan menyediakan ringkasan dari (i) karya literatur (ii) artikel berita (iii) ilmu pengetahuan (iv) materi di bidang Humaniora dan lainnya. Seluruh isi yang terdapat di dalam situs yang diberikan oleh para pengguna situs dan pihak ketiga selanjutnya disebut "isi" atau "ringkasan". Dengan ini anda dianggap mengetahui dan menerima bahwa halaman-halaman di dalam situs akan mengandung iklan yang diperlukan untuk kelangsungan hidup situs ini. Pengunjung situs dapat memberi nilai / peringkat atas kualitas ringkasan yang tersedia. Peringkat secara keseluruhan (selanjutnya disebut "peringkat") dari sebuah ringkasan akan mempengaruhi komisi yang diterima oleh penulis ringkasan tersebut. Hal ini sejalan dengan aturan yang tercantum di bawah.
3. Pendaftaran
Anda tidak perlu mendaftar untuk memberi nilai pada sebuah ringkasan, tetapi anda tetap terikat kepada seluruh aturan dan ketentuan yang berlaku. Untuk memberikan sebuah ringkasan, dan menerima komisi, anda diharuskan mengisi sebuah formulir pendaftaran dimana anda harus memberikan satu alamat email yang berfungsi. Jika anda tidak menyediakan alamat email yang benar dan berfungsi, maka anda tidak akan menerima komisi yang seharusnya anda terima. anda bertanggung jawab untuk memperbarui alamat email yang anda berikan jika diperlukan.
4. Memberikan ringkasan kepada situs
Dengan ini anda setuju bahwa semua ringkasan yang anda berikan kepada situs akan memenuhi kriteria yang tercantum dalam petunjuk penulisan ringkasan yang tercantum di bawah. Anda tetap menjadi pemilik atas isi dari ringkasan, namun dengan memberikan isi tersebut kepada situs anda dianggap telah memberi izin kepada Shvoong untuk mempublikasikan ringkasan anda baik sebagian atau secara keseluruhan dan memberi akses kepada pengguna lain untuk menggunakan ringkasan anda dan penggunaannya tunduk kepada hukum yang berlaku. Dengan ini anda setuju bahwa Shvoong tidak berkewajiban untuk mempublikasikan semua ringkasan yang anda berikan. anda juga setuju bahwa Shvoong kapan saja berhak untuk mengedit dan atau menghapus baik sebagian atau secara keseluruhan ringkasan yang telah anda berikan kepada situs.
5. Petunjuk Penulisan Ringkasan
Semua isi seperti diatur dalam Ketentuan Penggunaan, yang anda berikan kepada Shvoong untuk dipublikasi, harus menaati semua Petunjuk Penulisan Ringkasan di bawah ini:
A. Anda harus menghindari kutipan langsung karya asli dalam ringkasan anda
B. Anda harus menghindari penggunaan duplikasi tidak langsung dari karya asli dalam ringkasan anda. Ini berarti anda tidak boleh membuat kutipan dan hanya mengganti kata-kata.
C. Anda harus membuat ringkasan anda sesingkat mungkin. Jika ringkasan anda dapat dibuat dengan 500 kata, jangan menggunakan 1000 kata.
D. Sebisa mungkin gunakanlah struktur anda sendiri dalam membuat ringkasan dan jangan meniru struktur dari karya asli.
E. Anda disarankan untuk menambahkan komentar anda pribadi yang memberi kritik / resensi untuk karya asli
F. Bila anda menggambarkan seorang tokoh dari karya asli, anda harus menggunakan kata-kata anda sendiri. Jangan menggunakan kata-kata yang digunakan oleh pengarang karya asli untuk menggambarkan tokoh tersebut.
G. Bila anda menggambarkan seorang tokoh, jangan memberikan karakter pribadinya secara mendetail ataupun mencantumkan kebiasaan-kebiasaan atau istilah-istilah yang sering digunakan oleh tokoh tersebut.
H. Bila menggambarkan alur cerita, pastikan anda hanya menuliskan alur cerita secara umum, jangan menuliskan alur cerita secara mendetail.
I. Jangan menulis ringkasan setiap bab secara berurutan dari karya asli
J. Jangan menulis hal-hal yang merendahkan atau ofensif tentang pengarang asli ataupun karya aslinya.

6. Komisi
Shvoong akan menerima pembayaran (selanjutnya disebut "royalti") dari pihak-pihak yang memasang iklan di situs ini atau dari pihak yang membantu pemasangan iklan dari pihak ketiga di situs ini. Shvoong dengan gembira membagi penghasilan yang diterima dari iklan-iklan kepada para penulis ringkasan. Pembagian penghasilan ini tunduk kepada aturan yang berlaku dan selanjutnya disebut "komisi".
Shvoong akan membayar penulis ringkasan 10% (sepuluh persen) dari nilai kotor royalti yang diterima oleh Shvoong yang jumlahnya dihitung berdasarkan jumlah pengunjung yang datang berkunjung ke halaman yang mengandung ringkasan tersebut (selanjutnya disebut "standar perhitungan")
Sebagai tambahan, bila anda menerjemahkan sebuah ringkasan secara keseluruhan dari satu bahasa ke bahasa lainnya dan terjemahan tersebut kemudian dipublikasikan di dalam situs maka kami akan memberikan komisi sebesar 5% (lima persen) dari nilai kotor royalti yang diterima oleh Shvoong yang jumlahnya dihitung berdasarkan ketentuan yang berlaku. Di samping itu kami akan memberikan 5% (lima persen) dari nilai kotor royalti yang diterima oleh Shvoong yang jumlahnya dihitung berdasarkan ketentuan yang berlaku kepada penulis ringkasan asli yang karyanya diterjemahkan.
Sewaktu-waktu Shvoong akan memberikan informasi tentang komisi khusus di halaman utama situs dan kami menyarankan anda selalu mencari tahu tentang hal-hal ini.
Shvoong akan memberitahukan anda bila anda akan menerima pembayaran komisi. Shvoong akan membayarkan komisi secara bulanan di hari pertama setiap bulan tergantung kepada penerimaan royalti. Komisi akan dibayarkan dalam dollar Amerika Serikat hanya dalam bentuk transfer ke rekening PayPal dalam nama anda yang harus anda buka menggunakan alamat email yang sama dengan alamat email yang anda daftarkan kepada Shvoong (pembayaran ini tunduk kepada aturan dan ketentuan PayPal – (lihat www.paypal.com). Jika karena suatu hal anda tidak dapat membuka atau menggunakan rekening PayPal, maka Shvoong akan membayar komisi anda melalui cek yang ditujukan untuk nama anda. Untuk pembayaran dengan cek anda diharuskan untuk memberikan informasi pribadi yang lengkap.
Jika komisi yang harus dibayarkan kepada anda di awal bulan kurang dari $10 (Jumlah Minimum), Shvoong tidak berkewajiban untuk memberikan pembayaran komisi sampai nilai komisi telah sama dengan atau lebih dari jumlah minimum.
Shvoong berhak untuk membebankan pajak pada semua pembayaran sebesar diatur oleh hukum atau sebesar ditentukan oleh petugas pajak dalam surat resmi.
7. Penyalahgunaan situs
Anda dilarang keras menyerahkan isi kepada situs yang tidak memenuhi Petunjuk Penulisan Ringkasan. Anda juga dilarang keras melakukan tindakan-tindakan tidak jujur selama berada di situs yang dapat (i) memanipulasi peringkat (ii) memanipulasi jumlah komisi anda atau orang lain. Shvoong berhak untuk menyelidiki semua tindakan anda selama berada di situs juga komisi yang anda terima. Jika anda dicurigai telah melanggar aturan, Shvoong berhak menahan pembayaran anda dan menghapus pendaftaran anda dari Shvoong.
8. Aturan Privasi
Dengan ini anda menyetujui bahwa dengan mendaftar dan menggunakan situs serta untuk menerima komisi anda diharuskan mendaftarkan detail pribadi anda. Kami akan merahasiakan informasi ini sesuai dengan Aturan Privasi kami. anda juga menyetujui, apabila diperlukan, sewaktu-waktu informasi ini akan kami berikan kepada pihak ketiga.
9. Pembebasan tanggung jawab
Sejauh diizinkan oleh hukum yang berlaku, anda dianggap menyetujui untuk membebaskan kami, pegawai, direksi, dan agen-agen kami dari tanggung jawab atas tuntutan, kerugian, kerusakan, biaya, pengeluaran, termasuk biaya arbitrasi dan litigasi yang muncul sebagai akibat penggunaan situs atau akibat pelanggaran Ketentuan Penggunaan atau pelanggaran Petunjuk Penulisan Ringkasan atau pelanggaran hak dan kewajiban pihak ketiga.
10. Link
Situs ini akan memiliki link ke situs-situs lain. anda dianggap menerima bahwa Shvoong tidak memiliki kendali atas layanan, produk, dan isi situs lain. Dengan ini anda juga menyetujui bahwa Shvoong tidak bertanggung jawab atas ketersediaan atau berfungsinya situs lain, serta Shvoong juga tidak memberikan rekomendasi ataupun dukungan untuk layanan, produk dan barang dari situs lain. anda juga menyetujui bahwa Shvoong tidak terlibat ataupun bertanggung jawab atas kerusakan atau kerugian yang anda alami sehubungan dengan situs lain.
11. Pembatalan pendaftaran
Jika kami yakin bahwa anda telah melanggar Ketentuan Penggunaan, kami berhak untuk segera membatalkan pendaftaran anda di Shvoong dan sebagai akibatnya anda tidak akan menerima komisi lagi dari Shvoong.
12. Kelangsungan hidup situs
Shvoong berhak untuk menon-aktifkan atau merubah situs dan layanan yang tersedia di dalamnya sewaktu-waktu. Shvoong berhak melakukan hal ini atas keputusan sepihak tanpa pemberitahuan sebelumnya pada anda. anda tidak dapat membuat tuntutan apapun kepada Shvoong jika hal itu terjadi. Jika Shvoong memutuskan untuk menghentikan layanannya secara sementara atau pun secara permanen dan sebagai akibatnya menghentikan pembayaran komisi kepada anda, maka anda juga tidak dapat membuat tuntutan sehubungan dengan kondisi tersebut.
13. Tanpa garansi
anda menyetujui bahwa penggunaan situs ini dan isinya adalah resiko yang anda tanggung sendiri. Situs ini dan semua isinya disediakan dalam bentuk apa adanya. Shvoong, pemegang saham, direksi, dan pegawainya tidak memberikan garansi baik secara eksplisit maupun implisit, bahwa situs dan isinya layak dipakai untuk keperluan apapun ataupun isinya lengkap atau akurat.
14. Tanggung jawab terbatas
Sejauh diizinkan oleh hukum yang berlaku, Shvoong, pemegang saham, direksi, dan pegawainya tidak bertanggung jawab kepada anda atas kerugian, kerusakan, biaya, pengeluaran, yang muncul sebagai akibat penggunaan situs atau isinya baik langsung maupun tidak langsung bahkan jika kami telah diberitahukan tentang kemungkinan adanya kerugian atau kerusakan.
15. Hukum yang berlaku
Ketentuan Penggunaan dan semua hal yang berhubungan dengannya berada di bawah naungan hukum negara Israel. Ketentuan Penggunaan ini juga telah sejalan dan tidak bertentangan dengan hukum negara Israel. Dengan ini anda menyetujui tanpa kemungkinan membatalkan bahwa semua tuntutan, sengketa, ataupun perselisihan sehubungan dengan Ketentuan Penggunaan ini berada dalam kendali hukum eksklusif pengadilan Tel-Aviv, Jaffa. Untuk semua hal yang muncul sehubungan dengan Ketentuan Penggunaan, anda juga menyatakan melepaskan semua hak untuk menolak keputusan yang diputuskan dalam pengadilan tersebut atau menyatakan bahwa tindakan telah dilakukan dalam forum yang tidak layak atau menyatakan bahwa pengadilan tersebut tidak memiliki kendali hukum.
16. Hal umum
(i) Jika ada bagian dari Ketentuan Penggunaan yang dinyatakan tidak layak atau tidak dapat dijalankan oleh pengadilan atau pihak lain yang berhak, maka bagian lain dari Ketentuan Penggunaan yang tidak terpengaruh akan tetap berlaku.
(ii) Tidak ada pernyataan pelepasan hak yang dikeluarkan oleh kami sehubungan dengan Ketentuan Penggunaan ini yang dapat digunakan sebagai pembenaran atas pelanggaran Ketentuan Penggunaan baik untuk pelanggaran yang sudah maupun yang akan terjadi.
(iii) Kecuali dinyatakan secara eksplisit, Ketentuan Penggunaan ini tidak menyediakan atau memberikan hak ataupun keuntungan apapun bagi pihak ketiga.
(iv) Ketentuan Penggunaan ini telah diterjemahkan ke dalam berbagai bahasa, jika terdapat perbedaan arti antar terjemahan, maka yang digunakan adalah Ketentuan Penggunaan dalam bahasa Inggris.
(v) Ketentuan Penggunaan serta Petunjuk Penulisan Ringkasan serta Aturan Privasi mengandung seluruh perjanjian antara anda dan kami sehubungan dengan penggunaan situs ini.

LINE Software Terms and Conditions of Use

LINE Software Terms and Conditions of Use
This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between LINE Corporation (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the “LINE Software” name or in relations to “LINE Software”.

Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he/she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he/she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.

Article 2. Other Applicable Rules
LINE Terms and Conditions of Use and LINE Privacy Policy will also apply whenever the user uses LINE..

Article 3. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
The personal information of the user will be treated in accordance with this Article and the LINE Privacy Policy.

Article 4. Approval to Use Software
1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.

2. The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).

3. The user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and/or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.

4. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).

5. The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License, and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.

Article 5. The Company’s Exemption from Liability
1. The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and user regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.

2. Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.

Article 6. Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service, since a separate notification is not provided.

Article 7. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as ‘Japanese Version’), the Japanese Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Japanese Version and a translation, the provision in the Japanese Version supersedes such translation. The Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between the user and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.

-- End -

March 6, 2012 Established

December 5, 2012 Revised

April 1, 2013 Last Revised