Last updated: February 27, 2017
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Acceptance of Terms Through Use
Title and Ownership
Limited License to Use Site
The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Kinemetrics in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding if you are a commercial user of Kinemetrics products you may print out and use a reasonable number of copies of Materials related to those specific Kinemetrics products solely in connection with your authorized use of such products. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
Termination of this License
Products and Services
Kinemetrics’ obligations with respect to its products and services are governed solely by the terms and conditions of sale and agreements under which they are provided. For example, if you download software from this Site, use of the software shall be governed by the provisions of the End User License Agreement or other software license agreement that accompanies or is provided with the software. If you obtain a product or service from Kinemetrics through this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Password-Protected Areas and Access
General Disclaimer and Limitation of Liability
Although Kinemetrics has attempted to provide accurate information on this Site, Kinemetrics assumes no responsibility for the accuracy of the information or Materials; nor does Kinemetrics warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Kinemetrics may change the Materials or products mentioned at any time without notice. Mention of non-Kinemetrics products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, SATISFACTORY QUALITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL KINEMETRICS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY KINMETRICS PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF KINMETRICS OR ITS SUPPLIERS HAVE 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.
User Communications / Chat Rooms, Blogs and other User Forums
This Site may include bulletin board services, blogs, chat areas, forums, communities, personal web pages and other message or communications facilities designed to enable you to communicate with Kinemetrics (e.g., to provide feedback and suggestions) and with other Site users, and to post, upload, share and submit materials (e.g., text, images, data, etc.) for review by Kinemetrics, the general public or by members of a public or private community (collectively, “User Communications“). PLEASE BE AWARE THAT USER COMMUNICATIONS WILL BE CONSIDERED NON-CONFIDENTIAL AND NON-PROPRIETARY; AND THAT BY POSTING, UPLOADING, INPUTTING, OPTING TO SHARE, PROVIDING OR OTHERWISE SUBMITTING ANY USER COMMUNICATIONS TO THIS SITE YOU UNDERSTAND AND AGREE THAT:
- You are granting Kinemetrics, its designees, licensees and business partners, as well as members of the general public using the Site consent and permission to use your User Communications, including without limitation worldwide, royalty-free non-exclusive, perpetual license rights with right of sublicense to disclose, reproduce, display (publicly or otherwise), perform, adapt, modify, transmit, distribute, have distributed, edit, translate, reformat, create derivative works based on and otherwise use such User Communications;
- Kinemetrics shall be free to use any ideas, concepts, know-how or techniques contained in the User Communications for any purpose without obligation of compensation or attribution; and
- You warrant and represent that you own or otherwise control all of the rights to your User Communications and that your User Communications will not infringe or violate the rights of any third party.
Kinemetrics shall have no obligation to monitor the User Communications to the Services. Nor shall Kinemetrics have an obligation to remove any User Communications that you have opted to input and share with the Kinemetrics community absent its receipt of your written request to do so. However, Kinemetrics reserves the right to review materials posted to the Services and to remove any materials in its sole discretion.
Kinemetrics does not control or endorse the content, messages or information found in any User Communications and, therefore, Kinemetrics specifically disclaims any liability with regard to them and any actions resulting from your participation in any Services.
No Misuse of the Site
- Using the Site to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
- Using the Site in such a manner so as to interfere unreasonably with its use by others; or attempting or assisting another to access, alter, or interfere with the communications and/or information of another user;
- Subscription fraud or unauthorized access;
- Uploading, or otherwise making available, files that contain text, images, photographs, software or other materials owned by others that are protected by intellectual property laws (e.g., copyright, trademark, rights of privacy or publicity) and for which you have not received all necessary and legal consents for their use.
- Using any information, images or other Materials available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
- Advertising, offering to sell or buy goods, or using the Site for business promotional purposes;
- Violating any code of conduct associated with the Site, or any applicable laws or regulations;
- Taking any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; or uploading files that contain viruses, Trojan horses, worms, or other similar software or programs that cause damage to computers or property of others.
UPON A REQUEST BY KINEMETRICS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KINEMETRICS AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS OR OTHER BUSINESS PARTNERS, AND ITS AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. KINMETRICS RESERVES THE RIGHT, AT IT OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU AGREE TO COOPERATE WITH KINEMETRICS IN ASSERTING ANY AVAILABLE DEFENSES.
Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site
Kinemetrics reserves the right to remove Materials or discontinue services available on this Site with or without notice. Kinemetrics further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. Kinemetrics does not control and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Kinemetrics provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Linking to the Kinemetrics Web Site
You may create links to this Site from other sites, but only in accordance with the following guidelines and in compliance with applicable law. A site that links to Kinemetrics’ website:
- May link to but not replicate the Kinemetrics content (i.e., Materials)
- May refer to our company name or product names in a plain text font and format in accordance with our general trademark usage guidelines, using appropriate wording such as “This way to Kinemetrics Inc.” or “Click here for more information on Kinemetrics products.”
- Should not create a browser or border environment around Kinemetrics content
- Should not imply that Kinemetrics is endorsing it or its products
- Should not misrepresent its relationship with Kinemetrics
- Should not present false information about Kinemetrics products or services
- Should not use the Kinemetrics logo or other trademarks without permission from Kinemetrics
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
By placing a link on your web site to the Site you agree to promptly remove such link at Kinemetrics’ request.
This Site is administered by Kinemetrics from its offices in Pasadena, California, in the United States of America. Kinemetrics makes no representation that Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
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