ACCEPTANCE OF TERMS.
The services that CTO 24/7® provides to you are subject to the
following Legal Terms of Use ("LTU"). CTO 24/7® reserves the right
to update the LTU at any time without notice to you. The most
current version of the LTU can be reviewed by clicking on the "Legal
Terms and Notice" hypertext link located at the bottom of our Web
pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, CTO 24/7® provides you with
access to a variety of resources, including developer tools,
download areas, communication forums and product information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web
properties, are subject to the LTU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or
services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and
use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Support
("Software") is the copyrighted work of CTO 24/7® and/or its
suppliers. Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). An end user will be unable
to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement
terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
CTO 24/7 CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CTO 24/7 MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. CTO 24/7 DOES NOT MAKE ANY ASSURANCES WITH REGARD
TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN CTO 24/7 SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the
Services for or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"), is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is CTO 24/7 Corporation, 45
Main Street #601, Brooklyn, NY 11201.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design or layout of the
CTO 24/7.com Web site or any other CTO 24/7 owned, operated,
licensed or controlled site. Elements of CTO 24/7 Web sites are
protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any CTO 24/7 Web site may be copied or
retransmitted unless expressly permitted by CTO 24/7.
CTO 24/7 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. CTO 24/7 AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
CTO 24/7 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. CTO 24/7 AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
WEB SITE.
IN NO EVENT SHALL CTO 24/7 AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to notify CTO 24/7 immediately of any unauthorized use of your
account or any other breach of security. CTO 24/7 will not be liable
for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by CTO 24/7 or
another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the
permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in any
manner that could damage, disable, overburden, or impair any CTO
24/7 server, or the network(s) connected to any CTO 24/7 server, or
interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any CTO
24/7 server or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the Services.
USE OF SERVICES. The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate with
others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that
are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise)
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consent to do the same.
Use any material or information, including images or photographs,
which are made available through the Services in any manner that
infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or
property of another.
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Communication Services. Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses. Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of the Services or
other user or usage information or any portion thereof.
CTO 24/7 has no obligation to monitor the Communication Services.
However, CTO 24/7 reserves the right to review materials posted to
the Communication Services and to remove any materials in its sole
discretion. CTO 24/7 reserves the right to terminate your access to
any or all of the Communication Services at any time, without
notice, for any reason whatsoever. CTO 24/7 reserves the right at
all times to disclose any information as CTO 24/7 deems necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in CTO 24/7's sole
discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. CTO 24/7 does not control or endorse the content, messages
or information found in any Communication Services and, therefore,
CTO 24/7 specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are
not authorized CTO 24/7 spokespersons, and their views do not
necessarily reflect those of CTO 24/7.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; you
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO CTO 24/7 OR POSTED AT ANY CTO 24/7 WEB SITE. CTO 24/7 does not claim ownership of the materials you provide to
CTO 24/7 (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by
the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting CTO 24/7, its
affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet
businesses (including, without limitation, all CTO 24/7 Services),
including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your name
in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. CTO 24/7 is under no obligation to
post or use any Submission you may provide and CTO 24/7 may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), you
warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by
way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such
Images a vailable to members of such private community), and/or (b)
to the general public (for each such Images available anywhere on
the Services, other than a private community), permission to use
your Images in connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images
from the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to the
time you completely remove such Images. No compensation will be paid
with respect to the use of your Images.
LINKS TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE CTO 24/7'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF CTO 24/7 AND CTO 24/7 IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
CTO 24/7 IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. CTO 24/7 IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY CTO 24/7 OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CTO 24/7 OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN CTO 24/7'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO CTO 24/7. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO CTO 24/7 OR ANYONE AT CTO 24/7. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT CTO 24/7 MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
