Terms of Use
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These Terms of Use (“Terms”) are a legal agreement between you and
Syscone and govern your use of this Website either as a visitor, content
contributor, or as a registered user. Use of, posting of information to, and
access to this Website are subject to your compliance with these Terms, so
please read them carefully before using this Website. Syscone reserves the
right to limit or terminate your access to this Website or terminate or
suspend your registration for failure to comply with the terms and policies
posted on this Website, including these Terms, or for any reason at any
time.BY ACCESSING AND USING THIS WEBSITE IN ANY WAY, YOU AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS, DO NOT USE OR POST INFORMATION ON THIS WEBSITE IN ANY MANNER.Modifications to these terms
Syscone may change,
modify, update, add, or remove portions of these Terms at any time. Please
check these Terms periodically for changes. Your continued use of this
Website, following the posting of any changes, will signify your acceptance
of those changes.Changes to this website
In an
effort to continually improve this Website and its usefulness to you, we may
add additional services or make changes to existing services. In the event
that Syscone makes such changes, these Terms shall apply to the new
services and to any changes to existing services.User
information
To use certain parts of this Website, you will be
asked to provide information about yourself, such as your first name, e-mail
address, password, city, state, country zip code, or postal code. You are
entirely responsible for maintaining the confidentiality of your account
information, including your password, and for any and all activity that
occurs under your account. You agree to notify Syscone immediately of any
unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by Syscone or any
other user of or visitor to this Website due to the use of your Syscone ID,
password, or account by another person.
You may not use anyone else’s
Syscone ID, password, or account at any time without the express permission
and consent of the holder of thatSyscone ID, password, or account.
Syscone cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.Privacy policy
Syscone respects your desire for privacy and takes care to protect the
personal information you provide us.
By using this Website, you are consenting to the terms of our privacy
policy.Syscone has security measures in place to protect the loss,
misuse, and alteration of the information underSyscone's control. These
security measures are described in our privacy policy.Although
Syscone has taken the steps described in our privacy policy to ensure that
your personal information is delivered and disclosed only in accordance with
our privacy policy, Syscone does not guarantee that the personal
information you provide will not be intercepted by others and decrypted.Support Forums, Blogs and Ratings & Reviews
Syscone has created support forums, blogs, community areas and group
discussions, in the English language (at this time), so you can share your
experiences, ask and/or answer questions, share reviews of Syscone products
and services, and more (collectively referred to as “ Online Communities”).
We appreciate that Syscone’s Online Communities reflect the diversity of
its users and is an interesting place to share, learn, and interact. In
keeping with this spirit of community, we have a core set of principles and
guidelines in English that must be followed by all members, participants,
content contributors and users. These guidelines are incorporated into these
Terms, and may be reviewed at
www.syscone.com/terms.Content
All text, graphics, user or visual interfaces, trademarks, logos, music,
sounds, artwork, photographs, and computer code (“Content”), including but
not limited to the design, structure, selection, coordination, expression,
“look and feel,” and the arrangement of such Content, contained on this
Website is owned, controlled, or licensed by Syscone. All such Content is
protected by trade dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws. Unless
another agreement applies to particular Content (e.g., Software License
Agreement, Terms of Service, etc.), Syscone hereby grants you limited
permission to use the Content subject to these Terms, as long as the use of
such Content is solely for your personal, non-commercial informational use.
Unless expressly permitted in an applicable agreement or on the Content
itself, none of the Content may be copied, reproduced, distributed,
republished, downloaded, displayed, posted, or transmitted in any form or by
any means, including but not limited to electronic, mechanical,
photocopying, recording, or other means, without the prior express written
permission of Syscone and/or the appropriate owner. Also, you may not
“mirror” any Content contained on this Website or any other server without
Syscone’s express prior written consent.Posting of user
content
Certain areas of this Website may allow you to post
content, including your experiences, advice, recommendations, opinions,
information, messages, or other material (“Your Content”). Please be aware
that these areas are public and not confidential. You may only post Your
Content to public areas and where you have permission to post. You may not
post any content that violates these Terms or any third party rights.Syscone does not claim ownership of any of Your Content that you may
post. However, by posting Your Content to public areas on the Website, you
grant Syscone, its affiliates, partners, and distributors the perpetual,
irrevocable, royalty-free right to use, copy, display, perform, distribute,
adapt, create derivative works, sublicense, and promote Your Content in any
medium and any manner whatsoever, and to use and sublicense your name,
likeness, biography, voice, video, and photograph (if applicable) to
attribute your postings to you. In addition to Your Content, we encourage
you to provide us with feedback. You agree that we may use in any manner and
without limitation all comments, advice, recommendations, suggestions,
complaints, and other feedback you provide relating to this Website,
Syscone products and/or services, and that Syscone will own all
intellectual property that we create based upon or incorporating your
feedback.No unlawful or prohibited use
While
using this Website, you may NOT do the following:- Restrict or inhibit any other user from using and enjoying this
Website - Post or transmit any unlawful, fraudulent, libelous, defamatory,
racist, sexist, obscene, pornographic, profane, threatening, abusive,
hateful, offensive, or otherwise objectionable information of any kind - Post or transmit any information constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability,
constitute unauthorized practice of a professional service, or otherwise
violate any local, state, national, or foreign law, including without
limitation U.S. export control laws and regulations - Use the “Syscone” or “Logi” names, domain names, trademarks, logos,
or insignia in your user or screen name, or in any other manner, that
would imply that you work with or are affiliated with Syscone - Pretend that you are, or that you represent, someone else or
impersonate any other person or entity - Invade the privacy or violate any personal or proprietary right of
any person or entity - Post or transmit any advertisements, solicitations, chain letters,
pyramid or Ponzi schemes, investment opportunities or schemes, or other
unsolicited commercial communication (except as otherwise expressly
permitted by Syscone), or engage in spamming, phishing, or denial of
service attacks - Post, publish, transmit, reproduce, distribute, or in any way
exploit any information, software, or other material obtained through
this Website for commercial purposes (other than as expressly permitted
by the provider of such information, software, or other material) - Use the Website to generate traffic for other sites
- Infringe the intellectual property rights or similar rights,
including but not limited to copyrights, trademarks, and patents, of any
person or entity - Upload, post, publish, transmit, reproduce, or distribute in any way
information, software, or other material obtained through this Website,
which is protected by copyright or other proprietary right, or
derivative works with respect thereto, without obtaining permission of
the copyright owner or right holder - Upload, post, publish, reproduce, transmit, or distribute in any way
any component of this Website itself or derivative works with respect
thereto without Syscone’s prior written consent, as this Website is
protected under U.S. and international copyright laws - Take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of this Website or Syscone’s systems
or networks, or any systems or networks connected to this Website or to
Syscone - Forge headers (headings) or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send to
Syscone on or through this Website or any service offered on or through
this Website - Use any robot, spider, scraper, or other automated means to access
this Website or services for any purpose without our express written
permission; however, this provision shall not apply to the indexing or
updating of search engines - Post or transmit any information or software that contains a virus,
Trojan horse, worm, or other harmful component - Post or transmit any information, file, or software that contains,
but not limited to, a virus, Trojan horse, worm, adware, spyware,
crimeware, online graffiti tagger, dropper, rootkit, keylogger, bot, or
any other harmful software program or program element
Links to third party websites and services
In
attempting to provide you with comprehensive and useful resources, this
Website may contain links to third-party websites, which are not under the
control of Syscone. Syscone is not responsible for the content of or
products provided by any linked site or any link contained in a linked site,
or any changes or updates to such sites. Syscone is providing these links
to you only as a convenience, and the inclusion of any link does not imply
that Syscone endorses, guarantees, or accepts any responsibility for the
content or products on such a third-party site.In connection with
your use of this Website, you may be made aware of services, products,
offers, and promotions provided by third parties, and not by Syscone. If
you decide to use third-party services or products, you are responsible for
reviewing and understanding the terms and conditions governing any
third-party service or product. You agree that the third party, and not
Syscone, is responsible for the performance of the third-party services or
products.No duty to monitor
Syscone shall have
the right, but not the responsibility, to monitor and/or remove Website
content that is provided by others. While some community and other areas may
be monitored for relevance, we have no obligation to prescreen any content
and are not responsible for the posting of such content. We reserve the
right to refuse to post, to edit submitted content, and to remove content
for any reason. Further, Syscone is not responsible for any failure or
delay in removing content.Procedure for making claims of
copyright infringement
At Syscone, we respect the intellectual
property of others. If you believe that your copyrighted work has been
copied and is accessible on the Website in a way that constitutes copyright
infringement, please contact us to report possible copyright infringement.
When contacting us, please provide Syscone’s copyright agent with the
following information:- A full description of the copyrighted work or other intellectual
property that you claim has been infringed - An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest - A description of where the material that you claim is infringing is
located on this Website - Your name, address, telephone number, and e-mail address
- 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 - A statement signed by 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 are authorized to act on the
copyright or intellectual property owner’s behalf
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL
MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR
LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTY OF ANY KIND, AND Syscone AND ITS SUPPLIERS, THIRD PARTY SERVICE
PROVIDERS, AND PARTNERS (HEREINAFTER COLLECTIVELY REFERRED TO AS
“SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
TITLE. Syscone DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR
RELIABLILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION
DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE. Syscone AND ITS
SUPPLIERS MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS; THAT ACCESS TO THIS WEBSITE OR ANY INFORMATION, POSTINGS,
OPINIONS, OR SERVICES LINKED FROM THIS WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE
ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. Syscone CANNOT
ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS WEBSITE WILL BE
FREE OF ALL VIRUSES, MALWARE, CONTAMINATION, OR DESTRUCTIVE FEATURES,
INCLUDING BUT NOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS,
ADWARE, SPYWARE, CRIMEWARE, ONLINE GRAFFITI TAGGERS, DROPPERS, ROOTKITS,
KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAM ELEMENTS. IN
ADDITION, Syscone IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY
SERVICE PROVIDER, OR PARTNER, WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN
INFORMATION RECEIVED BY Syscone, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL
CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations,
so the above limitations may not apply to you.LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Syscone (OR
Syscone’S OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES,
REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR
ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER
INTANGIBLE LOSSES (EVEN IF Syscone HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS
WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON
THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE,
INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS
WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL
Syscone’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS
RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY,
THAT YOU PAID TO Syscone DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT
ISSUE, OR $100.00, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow
these limitations, so the above limitations may not apply to you.Indemnification
You shall indemnify, defend, and hold
harmless Syscone, its affiliates, and their respective officers, employees,
and agents from any and all claims, demands, damages, costs, and
liabilities, including reasonable attorneys’ fees, made by any third party
due to or arising out of your acts or omissions arising out of your use of
this Website. Syscone reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and
you agree to cooperate as fully as reasonably required in the defense of any
claim.Disclosure of use
Syscone may disclose
any information we have about you (including your identity), any
transmittals or communications by you, and your use of this Website or any
services made available on this Website if we determine that such disclosure
is necessary to (1) comply with legal process, (2) comply with any
investigation or complaint regarding your use of this Website, (3) enforce
these Terms of Use, (4) respond to claims that any such data violated the
rights of others, or (5) protect the rights, property, or personal safety of
Syscone, its employees, and visitors to or users of this Website, including
Syscone’s customers, and the public.
Syscone reserves the right at all
times to disclose any information that Syscone deems necessary to comply
with any applicable law, regulation, legal process, or governmental request.
Syscone may also disclose your information when Syscone determines that
applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.Termination
You agree that Syscone
may, in its sole discretion and without prior notice, terminate your access
to the Website and/or block your future access to the Website if we
determine that you have violated these Terms of Use or other agreements or
guidelines that may be associated with your use of the Website, or for other
reasons that may include but are not limited to (1) requests by law
enforcement or other government agencies, (2) a request by you to remove
your account, (3) discontinuance or material modification of the Website or
any service offered on or through the Website, or (4) unexpected technical
issues or problems.
In the event this agreement is terminated, the
restrictions regarding Content or materials appearing on the Website, and
the representations and warranties, indemnities, and limitations of
liabilities set forth in these Terms of Use will survive termination. In the
event that you are unsatisfied with the Website or any services that may be
provided by Syscone, your sole remedy is to terminate this agreement.If Syscone does take any legal action against you as a result of your
violation of these Terms of Use, Syscone will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and costs of such
action, in addition to any injunctive or equitable relief granted to
Syscone. You agree that Syscone will not be liable to you or to any third
party for termination of your access to the Website.
Governing law
These Terms and your use of this Website will be
governed by the laws of the United States and by the laws of the State of
California, without regard to conflicts of law provisions; all claims and
actions must be brought in the appropriate state or federal court located in
Santa Clara County, California; and, you agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action. You waive all defenses of lack of personal jurisdiction and
venue.Miscellaneous
Syscone may assign these
Terms at any time to any subsidiary, or any affiliated company, or as part
of the sale to, merger with, or other transfer of Syscone to another
entity. You may not assign this agreement. These Terms constitute the entire
agreement between you and Syscone regarding this subject matter, and they
govern your use of this Website. The failure of Syscone to exercise or
enforce any right or provision of these Terms does not constitute a waiver
of such right or provision. If a court of competent jurisdiction finds any
provision of these Terms to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of these Terms remain
in full force and effect. Regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Website
or these Terms must be filed within one (1) year after such claim or cause
of action arose or be forever barred. - Restrict or inhibit any other user from using and enjoying this