Unbenanntes Dokument

Unbenanntes Dokument

hereUare, Inc. Terms of Use

The hereUare Web Site is consists of several Web sites and Web pages operated by hereUare or its affiliates (collectively, the "hereUare Web Sites").
If you have any questions or concerns regarding this policy, you should contact:
hereUare, Inc.
1061 Terra Bella Ave.
Mountain View, CA 94043
Phone: +1 (650) 969-6868
Fax: +1 (650) 988-8881
Attention: Legal Department
Your access to and use of the hereUare Web Sites is subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the hereUare Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular hereUare Web Site included within the hereUare Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the hereUare Web Sites may themselves contain additional terms, rules or guidelines that govern their use.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular hereUare Web Site, then these terms shall control.
If you do not agree with any of the terms governing your access to and use of a hereUare Web Site, then you must exit the site immediately.
All references herein to hereUare, Inc.
Modification of These Terms of Use
hereUare reserves the right to change the terms, conditions, and notices under which the access to and use of the hereUare Sites are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the hereUare Sites constitutes your agreement to all such terms, conditions, and notices.
In addition to the above, the availability of products described on this site, and the product descriptions, may vary from country to country. Contact info@hereuare.com for more detailed information.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the hereUare Sites 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 hereUare Sites.
Links to Third Party Sites
The hereUare Sites may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of hereUare and hereUare is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. hereUare is not responsible for webcasting or any other form of transmission received from any Linked Site nor is hereUare responsible if the Linked Site is not working appropriately. hereUare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by hereUare of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Third Party Sites
This policy only addresses our activities from our servers. Other sites (including third party sites that we link to within an advertisement, article or otherwise, and any third party sites or services with which we co-brand) may have their own policies, which we do not control, and thus are not addressed by this policy. Links to such sites, including without limitation links to any press coverage, are for your convenience. Such links do not constitute an official endorsement or approval by hereUare of the content of such sites.
Any dealings with third parties included within the hereUare Sites are solely between you and the third party. hereUare shall not be responsible or liable for any part of any such dealings.
No Unlawful or Prohibited Use
As a condition of your use of the hereUare Sites, you will not use the hereUare Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the hereUare Sites in any manner that could damage, disable, overburden, or impair any hereUare Site (or the network(s) connected to any hereUare Site) or interfere with any other party's use and enjoyment of any hereUare Site. You may not attempt to gain unauthorized access to any hereUare Site, other accounts, computer systems or networks connected to any hereUare Site, 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 hereUare Sites.
Use of Services
hereUare reserves the right to terminate your access to any or all of our web sites or to any or all of our Communications Services at any time, without notice, for any reason whatsoever. hereUare reserves the right at all times to disclose any information as hereUare deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. hereUare does not control or endorse the content, messages or information found in any Communication Service and, therefore, hereUare specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Software and Content Available Through the hereUare Sites
All content and software (if any) that is made available to view and/or download in connection with the hereUare Sites, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of hereUare, Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the Software License Agreement, if any, which accompanies or is included with the Software ("Software License Agreement"). You may not install or use any Software that is accompanied by or includes a Software License Agreement unless you first agree to the terms of the Software License Agreement.
For any Software not accompanied by a Software License Agreement, hereUare, Inc. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular hereUare Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software 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 CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Limitation of Liability and Disclaimer
All references to hereUare, Inc. shall be understood to include the affiliates and subsidiaries of hereUare, Inc.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HEREUARE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HEREUARE SITES AND TO THE INFORMATION THEREIN. HEREUARE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HEREUARE SITES AT ANY TIME.
HEREUARE INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE HEREUARE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HEREUARE INC.. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT HEREUARE INC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A HEREUARE SITE. YOU SPECIFICALLY AGREE THAT HEREUARE INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HEREUARE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A HEREUARE SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL HEREUARE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HEREUARE SITES, WITH THE DELAY OR INABILITY TO USE THE HEREUARE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HEREUARE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE HEREUARE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEREUARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEREUARE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HEREUARE SITES.
Termination/Access Restriction
hereUare Communications reserves the right, in its sole discretion, to terminate your access to any or all hereUare Sites/Services and the related services or any portion thereof at any time, without notice.
General
This agreement is governed by the laws of the State of California, in the County of Santa Clara, in all disputes arising out of or relating to the use of the hereUare Sites. Use of the hereUare Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and hereUare as a result of this agreement or use of the hereUare Sites. You agree to indemnify and hold hereUare, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or behavior on the hereUare Sites. hereUare reserves the right to disclose any personal information about you or your use of the hereUare Sites, including its contents, without your prior permission if hereUare has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of hereUare or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. hereUare’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of hereUare's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the hereUare Sites or information provided to or gathered by hereUare with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and hereUare with respect to the hereUare Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and hereUare with respect to the hereUare Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright and Trademark Notices
All contents of the hereUare Web Sites are: Copyright (c) 2008 hereUare, Inc. All rights reserved.
TRADEMARKS. hereUare Communications, hereUare Connected, hereUare Communications Logo, and hereUare Connected logo(s) and/or other hereUare Communications products, trademarks and logos are referenced herein are either trademarks or registered trademarks of hereUare Communications. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Copyright © 2008 hereUare, Inc. All rights reserved.