ICONICS, Inc. Website Terms and Conditions
APPLICATION, ACCEPTANCE AND TERMINATION.
This ICONICS, Inc. Web Site Terms and Conditions document (“Terms”) governs your usage of the ICONICS, Inc. (“ICONICS”, “Company” “we”, “us” and/or “our”) web sites, mobile versions of the web sites, web applications and other ICONICS owned, operated, licensed or controlled sites (“Sites”) and applies to all information, materials and/or data made available on the Sites. By accessing and/or using the Sites, you accept and agree to these Terms. If you do not agree with these Terms or any part hereof, you may not access and/or use the Sites. Please read these Terms in full.
ICONICS may update these Terms at any time without notice. A copy of the current version of these Terms will be available on the ICONICS Website, www.iconics.com, by clicking on the "Legal" hypertext link located at the bottom the Company’s Web page.
RIGHT TO USE.
Subject to these Terms, you may access and use the Sites for your personal, non-commercial use solely for the purpose of viewing information about our Company and evaluating ICONICS Products. For the purposes of these Terms, ICONICS Products include all ICONICS Software (including any updates and modifications thereto as well as any tools and utilities owned by ICONICS that are provided therein or therewith), all ICONICS Services, all ICONICS Technical Support, and any information and/or data related to these products.
You are expressly prohibited from using the Sites, the ICONICS Products available on the Sites, any materials on the Sites related to ICONICS Products or any other information or data provided on the Sites, in a real production environment. Unless otherwise specifically granted in writing by ICONICS, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works therefrom, transfer, sell or otherwise use in violation of these Terms, the Sites, the ICONICS Products, information about ICONICS Products or any other information, materials and/or data you obtain from the Sites.
NO UNLAWFUL OR OTHERWISE PROHIBITED USE.
You are prohibited from using the Sites for any purpose that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or not specifically authorized by these Terms. You may not use the Sites in any manner that could damage, disable, overburden, or impair any ICONICS servers or networks, or in any manner that could interfere with another’s use of the Sites. You may not attempt to gain unauthorized access to the Sites, to any ICONICS Products, to other Site users’ accounts, to any computer systems or networks connected to the ICONICS system or to any other information, materials and/or data provided on the Sites by any means including without limitation, hacking or password mining. You may not access or obtain, or attempt to access or obtain, any materials, information and/or data that has not been intentionally made available by ICONICS in such format as provided on the Sites.
TERM AND TERMINATION.
These Terms will remain in full force and effect during your use of the Sites and while you use or possess any information, materials and/or data obtained from the Sites. If you violate, or should ICONICS at our sole discretion, believe that you may violate these Terms, your access to and usage of the Sites may be suspended or terminated immediately and you may be subject to criminal and/or civil penalties. Notwithstanding the above, ICONICS reserves the right to terminate your access to and usage of the Sites (including all information, materials and/or data obtained thereon) at any time, for any reason at our sole discretion.
OWNERSHIP AND COPYRIGHT.
ICONICS has and will retain sole ownership of, and all intellectual property rights in and to the Sites, ICONICS Products, and all other Company materials, information or data provided on the Sites. Should any third party products be provided on the Sites, then the respective licensors or third party owners, shall retain their ownership of and intellectual property rights to and in, their respective products. ICONICS provision of the Sites or your access and/or usage thereof does not transfer to you, any rights, title or interest in or to the intellectual property rights described herein and you are not provided any rights, title or interest in or to the intellectual property rights described herein. ICONICS reserves all rights not granted by these Terms.
ICONICS Products that are made available for download from the Sites are the copyright work of ICONICS, Inc. © Copyright 2014, ICONICS, Inc. 100 Foxborough Blvd., Foxboro, MA.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
THE SITES ARE PROVIDED "AS-IS" AND ICONICS EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY ICONICS, WE MAKE NO WARRANTY THAT THE SITES, INCLUDING THE INFORMATION, MATERIALS AND DATA ON THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR COMPLETE.
NOTICE SPECIFIC TO SOFTWARE MADE AVAILABLE ON SITES.
You may use ICONICS Software that is made available for download on Sites solely in accordance with the terms and conditions of the ICONICS License Agreement (“License Agreement”). A copy of the License Agreement may be included with the Software, and you will be required to agree to the License Agreement prior to beginning Software installation.
Any use of the Software not in accordance with the License Agreement is expressly prohibited, and will result in automatic termination of the license, may result in suspension or termination of your access and usage of the Sites (including information, materials and/or data obtained from the Sites), and may further result in civil and criminal penalties.
ICONICS WARRANTS THE SOFTWARE AVAILABLE ON THE SITES SOLELY AS PROVIDED BY THE LIMITED WARRANTY TERMS OF THE LICENSE AGREEMENT. (SEE LICENSE AGREEMENT FOR LIMITED WARRANTY TERMS). ICONICS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITH RESPECT TO ANY PARTICULAR APPLICATION, USE OR PURPOSE, IN NO EVENT SHALL ICONICS BE LIABLE FOR ANY COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES. ICONICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
THE SITES MAY CONTAIN SOFTWARE TOOLS AND UTILITIES WHICH MAY BE AVAILABLE FOR DOWNLOAD OR USE; ALSO, SUCH TOOLS AND UTILITIES MAY BE PROVIDED WITH OR INCLUDED WITHIN ITS SOFTWARE PRODUCTS. ICONICS DOES NOT MAKE ANY ASSURANCES, WARRANTIES OR REPRSENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT MAY BE DERIVED FROM YOUR USE OF ANY SUCH TOOLS AND UTILITIES. YOU ARE REQUIRED TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF ICONICS AND ANY THIRD PARTIES (AS MAY BE APPLICABLE) WHEN USING SUCH THE TOOLS AND UTILITIES.
RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from the Sites by, for, or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights, subject to the applicable laws and regulations, or any part thereof, which set forth conditions and restrictions regarding the use, duplication, and/or disclosure by the U.S. Government.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
The Sites may contain Documents (such as white papers, press releases, datasheets and FAQs). You may download and use Documents available on the Sites, subject to the following conditions: (1) Document’s copyright notice and this permission notice must appear on any Document, (2) use is limited to informational and non-commercial, personal use only, (3) Documents may not be copied or posted on any network computer or broadcasted in any media and (4) no modifications of any Documents may be made. In addition, accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may reproduce the Documents for distribution in the classroom only. Distribution outside the classroom requires the prior express written permission by ICONICS. Use of Documents for any other purpose than provided herein is expressly prohibited.
Documents do not include the design, composition or layout of the Sites. Such elements and contents of the Sites are protected by trademark, trade secret, and all other applicable laws, rules and regulations, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image included on the Sites may be copied or retransmitted unless prior express written permission is granted by ICONICS.
ICONICS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AS PROVIDED ON THE SITES. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PROVIDED ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES, INCORRECT OR NONCURRENT INFORMATION, AND TYPOGRAPHICAL OR OTHER ERRORS. ICONICS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify and hold ICONICS (and its officers, employees, and agents) harmless from damages, including related costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites, (b) your Submissions and/or Images, or (c) your violation of these Terms. You further agree not to settle any matter without the prior written consent of ICONICS, which shall not unreasonably be withheld. ICONICS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
LIMITATION ON LIABILITY.
IN NO EVENT SHALL ICONICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR IN CONNECTION WITH YOUR USE OF THE SITES, PERFORMANCE OF THE SITES, THE INFORMATION, MATERIALS AND DATA PROVIDED ON THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SITES OR INFORMATION, MATERIALS AND DATA AVAILABLE FROM THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING BY ICONICS, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (IN THE AGGREGATE) ARISING FROM OR RELATED TO THESE TERMS OR YOUR USAGE OF THE SITES, INCLUDING THE INFORMATION, MATERIALS AND DATA PROVIDED ON THE SITES, WILL AT ALL TIMES BE LIMITED TO TWENTY-FIVE US DOLLARS ($25).
REGISTRATION OF ACCOUNTS, PASSWORDS, AND SECURITY.
To use certain parts of the Sites, you will be required to create an account by completing the registration process with current, complete, truthful and accurate information as prompted by the registration form (“Account”). You also will be required to choose a user name and password for the Account. You are solely responsible for maintaining the confidentiality of your password and Account information. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify ICONICS immediately of any unauthorized use of your Account or any other breach of security. ICONICS will not be liable for any loss that you may incur as a result of a third party using your Account, whether with or without your knowledge. However, you could be held liable for losses incurred by ICONICS or another party due to unauthorized usage of your Account, including without limitation third party usage of your Account or password.
ICONICS reserves the right at all times and in its sole discretion to disclose any information and content you provide or use with the Sites 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.
The Sites may offer communication forums or message boards. ICONICS does not control or endorse the content, messages or information found in any such forum and, therefore, ICONICS specifically disclaims any liability with regard to any communication made on such forums including any actions resulting from your participation in any forum. Forum hosts may not be authorized ICONICS spokespersons, and their views do not necessarily reflect those of ICONICS.
Materials uploaded to forums or message boards 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 ICONICS OR POSTED ON THE SITES.
ICONICS does not claim ownership of the materials (including feedback and suggestions) that you provide to ICONICS or that you post, upload, input or submit to the Sites which may be accessed by other users of the Sites (each a "Submission" and collectively "Submissions"). Nonetheless, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you thereby grant ICONICS a non-exclusive, world-wide, royalty-free license (i) to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and (ii) to publish your name in connection with your Submission, as well as thereby further grant ICONICS the right to sublicense such license rights to any ICONICS affiliates, agents or service providers.
Should ICONICS or any ICONICS affiliates, agents or service providers use your Submission in any manner as set forth above, there will be no compensation of any kind paid to you. ICONICS is under no obligation to use any Submission and ICONICS may remove a Submission from the Sites at any time in its sole discretion.
By Posting a Submission you warrant and represent (i) that you own the Submission or that the rightful owner has granted you all necessary permission to use Submission consistent with the manner and purpose of your use, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions under these Terms and (ii) that you have the rights necessary to grant to ICONICS, the licenses and rights to sublicense as described above.
In addition, 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 (i) 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 thereof and/or images contained in such Images consistent with the manner and purpose of your use and (ii) that each person depicted in such Images, if any, has provided consent to your use of the Images (a) consistent with the manner and purpose of your use and (b) as set forth in these Terms, 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 ICONICS 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 ICONICS affiliates, agents or service providers. The license and rights granted with respect to Images will terminate upon your complete removal of such Images from the Sites, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time of removal. Should ICONICS or any ICONICS affiliates, agents or service providers use your Images in any manner as set forth above, there will be no compensation of any kind paid to you or any other party. ICONICS is under no obligation to use any Images and ICONICS may remove any Image from the Sites at any time at our sole discretion.
By Posting a Submission (including any Images contained in a Submission), you thereby agree to irrevocably waive any claims and/or assertions of moral rights with respect to your Submissions and Images, if any.
LINKS TO THIRD PARTY SITES.
THIRD PARTY LINKS MAY BE PROVIDED ON THE SITES – BY CLICKING ON A THIRD PARTY LINK, YOU WILL LEAVE THE SITES AND WILL ACCESS THE RELEVENT THIRD PARTY WEB PAGE (“LINKED SITES”). LINKED SITES ARE NOT UNDER THE CONTROL OF ICONICS AND ICONICS IS NOT RESPONSIBLE IN ANY MANNER WHATSOEVER FOR THE LINKED SITES, INCLUDING BUT NOT LIMITED TO (I) THE CONTENTS OF LINKED SITES (II) ANY LINK CONTAINED (OR CONTENTS OF RESULTING SITE) IN A LINKED SITE, OR (III) ANY CHANGES OR UPDATES TO LINKED SITES. ICONICS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICONICS PROVIDES THESE LINKED SITES TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY THIRD PARTY LINK ON THE SITES DOES NOT EXPRESS OR IMPLY ENDORSEMENT BY ICONICS OF SUCH WEBSITES.
COPYRIGHT NOTICE. Copyright © 2014 ICONICS Corporation, 100 Foxborough Boulevard, Foxboro, MA U.S.A. All rights reserved.
TRADEMARKS. All ICONICS Product trademarks are the property of ICONICS. You are required to properly identify ICONICS trademarks and clearly state ICONICS Products’ names using ICONICS’ syntax, for example: GENESIS64TM. Third party products and company names contained on the Sites may be the trademarks of their respective owners.