LICENSE AND WEB SITE ACCESS
Subject to the restrictions listed below, Sighthound grants you a revocable, non-exclusive, limited license (the “Limited License”) to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website (collectively, the “Contents”). Unless explicitly granted herein, all rights are reserved by Sighthound. Prohibited uses of this Website and the Contents include, but not limited to, downloading this Website or the Contents (other than page caching) without Sighthound’s prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of this Website or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Website (collectively, “Software”) are the copyrighted and patented work of Sighthound. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Moreover, you may not access or download the Software in breach of any US law or regulation, including those laws listed hereunder in regard to Export Control. The Software is made available solely in accordance with the license agreement.
INTELLECTUAL PROPERTY OF SIGHTHOUND
This Website and all Contents, and any compilation thereof, are the exclusive property of Sighthound and protected by United States and international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Website are trademarks and trade dress, as applicable, of Sighthound and may not be used in connection with any product or service that is not offered by Sighthound, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Sighthound. You may not use any Sighthound logo or any other proprietary graphic or trademark without express written permission. Periodically on this Website, Sighthound makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and Sighthound makes no claim to ownership of those marks.
USER ACCOUNTS AND PASSWORDS
Some Sighthound Services may require you to open a user account. To do so, 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 select a user name and password. You are responsible for maintaining the confidentiality of your password and account and for all usage of your account. You agree to notify Sighthound immediately if you become aware of any unauthorized use of your account or any breach of security. Sighthound will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another Sighthound user’s account without the permission of that user.
You are solely responsible for your account information, posted content, blogs, messages or other information (“User Content”) that you submit, publish or display (hereinafter, “post”) on the Website or transmit to other users. By posting User Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Sighthound an irrevocable, perpetual, non- exclusive, fully paid, worldwide license to display such User Content on the Website. You understand that by using the Services that your User Content will be publicly available to others using the Services and that Sighthound has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your User Content.
The following is a partial list of User Content that is prohibited on the Website. The list below is for illustration only and is not a complete list of all prohibited User Content:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
Sighthound does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Website or other Sighthound services may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sighthound does not guarantee any confidentiality with respect to any submissions.
You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Sighthound is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that you deem inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sighthound with respect thereto, and agree to indemnify and hold Sighthound, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. SIGHTHOUND MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INRELATION TO THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGHTHOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGHTHOUND DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM SIGHTHOUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIGHTHOUND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
RESTRICTIONS & PROHIBITED USES
You may not use the Website in order to transmit, distribute, store or destroy material, including without limitation the Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Sighthound will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
As required by U.S. law, you represent and warrant that you: (a) understand that any downloadable Software and/or the use of the Services is subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (including Crimea Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria); (c) are not a Denied Person, as that term is used in the 15 C.F.R. Part 764; (d) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (e) will not use or transfer the Software for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; (f) understand and agree that if you are in the United States and export or transfer the Software to eligible end users, you will, as required by EAR Section 740.17, (g) submit semi-annual reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and address (including country) of each transferee; and (h) understand that countries other than the United States may restrict the import, use, or export of encryption products and that it shall be solely responsible for compliance with any such import, use, or export restrictions.
All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties’ last known e-mail address. You hereby consent to notice by e-mail.