Restrictions and Obligations
You are prohibited from taking any action to violate or attempt to violate the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you, (b) access Data not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. If DigitalPersona becomes aware of any of the foregoing activities, DigitalPersona will investigate and may respond, and when appropriate, DigitalPersona may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. DigitalPersona asks that you respect DigitalPersona's online community as well as other individuals participating within the DigitalPersona online community and/or using the Services. Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of the forgoing, you acknowledge that DigitalPersona expressly prohibits and you agree that you will not:
- Remove any copyright, trademark, service mark or any other proprietary rights notification contained in any materials that you access or copy via the Site or the Services or use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Frame or link to the Site of any of the content or information available from the Site unless DigitalPersona expressly consents to such linking and/or framing.
- Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable the operations of the Site; use any robot, spider or other program or device to retrieve or index any portion of the Site; harvest or otherwise collect information about other users for any purpose other than use of the Services as expressly permitted herein.
- Misrepresent yourself or represent yourself as another user of the Site and/or the Services.
- Harass, threaten, embarrass, or do anything else to another user of the Services that is unwanted.
- Provide or post any data or information that is false, inaccurate, abusive, defamatory, discriminatory, hateful, obscene, threatening, inappropriate or otherwise objectionable.
- Impersonate or represent DigitalPersona staff or other industry professionals.
- Link to third party content.
- Solicit another user's password or other account information.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) if you are given the ability to post to the Site.
DigitalPersona reserves the right to moderate the Data and the Services, however, the foregoing prohibitions do not impose on DigitalPersona, and DigitalPersona does not assume, any obligation to monitor or remove any Data, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and DigitalPersona is not responsible for any offensive or otherwise objectionable materials in the Data or content.
Password Restricted Areas of the Site
Certain areas of the Site may be password-restricted to authorized users who become members ("Restricted Areas"). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify DigitalPersona if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify DigitalPersona of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
Third Party Content and Links to Third Party Web sites
Certain information and content available on the Site and through the Services may be provided by third parties to DigitalPersona ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use if you are an individual and solely for your internal business use if you are an entity. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner. DigitalPersona DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of DigitalPersona or others used on this Site are the property of DigitalPersona or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of DigitalPersona or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the products, software and services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, appearing on this Site ("Materials") are the sole property of DigitalPersona, or their respective third party owners, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Any and all ideas, suggestions, modifications and the like provided by you with respect to the Site and Services ("Supportive Information") will be the property of DigitalPersona. You hereby assign to DigitalPersona all right, title and interest worldwide in such Supportive Information and any related intellectual property rights and you agree to assist DigitalPersona, at DigitalPersona's expense, in perfecting and enforcing any such rights.
Your Representations and Warranties
You further represent and warrant that you are at least eighteen (18) years of age and can form a legally binding contract. You agree to indemnify DigitalPersona for any breach of the foregoing representations and warranties and for any claim made against DigitalPersona arising out of your content that is submitted or transmitted through the Service or your use of the Services.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Data or the Materials. You acknowledge that neither the Data nor the Materials have been independently verified or authenticated in whole or in part by DigitalPersona, and agree that DigitalPersona does not warrant the accuracy or timeliness of the Data or the Materials and further agree that DigitalPersona has no liability for any errors or omissions in the Data or the Materials, whether provided by DigitalPersona or its licensors.
DigitalPersona, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE DATA, THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND ANY INFORMATION OR DATA OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY DATA, MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
Limitation of Liability
NEITHER DigitalPersona NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES, OR THE DATA OR MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF DigitalPersona WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER DigitalPersona NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
All intellectual property rights in this web site, and the DigitalPersona software, firmware, hardware, and documentation accessible from or described in this web site are owned by DigitaPersona or its suppliers and are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. DigitalPersona and its suppliers retain all rights not expressly granted.
U.are.U®, One Touch® and DigitalPersona® are registered trademarks of DigitalPersona, Inc. Windows® and Windows XP® are registered trademarks of Microsoft Corporation. All other trademarks are property of their respective owners.
DigitalPersona respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our Site or through the Services, please provide our copyright agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on its Web site is Lori Paxton who can be reached as follows:
720 Bay Road, Suite 100
Redwood City, CA 94063
Attention: Lori Paxton
Copyright © 2008 DigitalPersona, Inc. All rights reserved.