SHARPLOGIC TERMS AND CONDITIONS OF SERVICE
(Last updated July 26,
2011)
Thank you for your interest in SharpLogic
Software Inc., ("SharpLogic") and our websites located at
http://www.sharplogic.com, http://www.BoostWeb20.com,
http://events.BoostWeb20.com, http://www.BoostVirtualEvents.com,
http://www.virtualtechsummits.com,
http://www.SpeakFlow.com, and http://www.finalbot.com (the "Sites").
SharpLogic provides various services through these Sites. Such services
and Sites are collectively referred to in this Agreement as the "Services" and
are subject to these Terms and Conditions of Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
BEFORE ACCESSING THE SERVICE. THESE TERMS OF SERVICE (THIS "AGREEMENT")
ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SHARPLOGIC. BY
COMPLETING THE SHARPLOGIC REGISTRATION PROCESS OR OTHERWISE ACCESSING OR
POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, DO NOT USE THE SERVICE.
The Services
SharpLogic
Software Inc. ("SharpLogic") provides:
-
A
marketing website located on the World Wide Web at http://www.sharplogic.com.
-
Hosted
Web services located on the World Wide Web at http://www.BoostWeb20.com.
-
Virtual
event services located on the World Wide Web at http://www.BoostVirtualEvents.com,
http://events.BoostWeb20.com, and http://www.virtualtechsummits.com.
-
Non-linear
presentation tools located on the World Wide Web at http://www.SpeakFlow.com.
-
Technology
competitions located on the World Wide Web at http://www.FinalBot.com.
Subject to these Terms of Use, we grant to
you a limited, personal, non-exclusive, non-transferable license to use the
Service for your personal use and not for resale or further distribution. Your
right to use the Service is limited by the terms set forth in these Terms of
Use. Except as otherwise explicitly provided in these Terms of Use or as may be
expressly permitted by applicable law, you will not, and will not permit or
authorize third parties to: (a) reproduce, modify, translate, enhance,
decompile, disassemble, reverse engineer, or create derivative works of the
Service; (b) rent, lease, or sublicense access to the Service; nor (c)
circumvent or disable any security or technological features or measures of the
Service.
Registration
In
registering with SharpLogic or any of its Services, you must provide us with certain
requested information about yourself related to the Services, and the general
management of your account with SharpLogic, such as, your name, email address
and billing information (the "Registration Data"). You represent that all
information that you provide to SharpLogic is and will be accurate, complete
and timely at the time that it is given. Information collected from you
by SharpLogic is governed by the SharpLogic Privacy Policy, a copy of which is
available at http://www.sharplogic.com/privacypolicy.htm.
Minors may not use the Service. By accepting this Agreement, you
represent and warrant that you are at least 18 years old.
Fees
Any fees or payments owed by you in connection with the Services are payable in
advance and are not refundable in whole or in part, except as otherwise
provided in this Agreement.
Access to the Service; Modifications
to Service
SharpLogic does not provide you with the
equipment to access the Services. SharpLogic reserves the right to modify
or discontinue, temporarily or permanently, all or part of the Services without
notice. We will not be liable to you or any third party for any
modification, suspension, or discontinuance of the Service, except that you are
only entitled to a prorated refund representing the unused (as of the date of
termination) portion of any fees that you have paid in advance if we
permanently discontinue the Services.
Modifications
SharpLogic reserves the right, at is sole discretion, to change, modify, add or
remove portions of this Agreement at any time. When this Agreement is
modified, SharpLogic will revise the "Last Updated" date above. It is
your responsibility to check the terms in this Agreement periodically for
changes. Your continued use of the Services following the posting of
changes to the Agreement will be subject to the then current Terms of Service,
which shall supersede all earlier versions.
User Content
You
are solely responsible for the photos, messages, notes, text, information,
music, video, advertisements, listings, and other content that you upload,
publish or display (hereinafter, "post") in connection with the
Services or the Sites, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User
Content on the Sites or Services that you did not create or that you do not
have permission to post. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you post or
store on the Sites or provide to SharpLogic. When you post User Content to the
Sites, you authorize and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage of the User Content on
the Sites. By posting User Content to any part of the Sites, you automatically
grant, and you represent and warrant that you have the right to grant, to
SharpLogic a nonexclusive, irrevocable, perpetual, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part),
include in contests, and distribute such User Content on or in connection with
the Sites or the promotion thereof, to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses of
the foregoing. You may remove your User Content from the Sites at any time. If
you remove your User Content, the license granted above will expire, however
you acknowledge that SharpLogic may retain archived copies of your User
Content. SharpLogic does not assert any ownership over your User Content;
rather, as between us and you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User Content and any
intellectual property rights or other proprietary rights associated with your
User Content.
As
such, you agree to indemnify and hold SharpLogic entirely harmless from and
against any and all costs, damages, liabilities, and expenses (including
attorneys' fees) incurred by SharpLogic in relation to, arising from or for the
purpose of avoiding any claim or demand from a third party that your
Submissions, your use of the Sites or the use of the Sites by any person using
your screen name and/or password violates any applicable law or regulation, or
the rights of any third party.
Password Restricted Areas of the Site
Certain
areas of the Site may be password restricted to registered users
("Password-Protected Areas"). If you have registered as an authorized
user to gain access to these Password-Protected Areas, you agree that you are
entirely responsible for maintaining the confidentiality of your password, and
agree to notify SharpLogic if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You
agree that you are entirely responsible for any and all activities that occur
under your account, including any fees that may be incurred under your
password-protected account, whether or not you are the individual who
undertakes such activities. You agree to immediately notify SharpLogic of
any unauthorized use of your account or any other breach of security in
relation to your password or the Sites that is known to you.
Service Use Policies
SharpLogic
asks that you respect our on-line community and participating
individuals. Your conduct should be guided by common sense and basic
etiquette. To further these common goals when posting User Content or
otherwise using the Services, you agree not to:
1.
Use
SharpLogic's facilities, services or resources (including the Sites) in a
manner with violates any applicable laws, regulations or third party rights;
2.
Defame,
abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as
rights of privacy and publicity) or others; use racially, ethnically, or
otherwise offensive language; or use explicit or obscene language or solicit,
transmit, or post sexually explicit images (actual or simulated) in connection
with your use of the Sites;
3.
Intentionally
seek information on, obtain copies of or modify files, other data or passwords
belonging to other users without permission; solicit a member's password or other
account information; or harvest user names, email addresses or other personal
information for any purpose;
4.
Use the
Services in connection with any content for which you do not have the right to
copy, transmit, modify, and play back or display;
5.
Post
photographs of another person without such person's consent;
6.
Promote
information that you know to be false or misleading or that promotes or
facilitates illegal activities, piracy, or conduct that is abusive,
threatening, obscene, defamatory or libelous;
7.
Use
SharpLogic's facilities, services or resources in a manner which interferes
with or disrupts other network users, services or equipment. Such
interference or disruption includes, but is not limited to: (i) propagation of
computer worms or viruses, (ii) use of the network to make unauthorized entry
to other computational, information or communications devices or resources.
This includes unauthorized security probing activities or other attempts to
evaluate the security integrity of a network or host system without permission;
8.
Use
SharpLogic's facilities, services or resources for commercial purposes, or for
the benefit of any third parties; or
9.
Use the
Service in a manner that SharpLogic reasonably deems to be inappropriate (e.g.,
unauthorized access, denial of service attacks, etc.)
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN. SHARPLOGIC PROVIDES THE SITE ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, WITH RESPECT TO THE SITE. SHARPLOGIC SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. You acknowledge
and agree that SharpLogic does not warrant that access to the service and the
Site or the Service will be uninterrupted, error-free or without compromise or
infiltration of security systems. Use of any information obtained via the
Site, the Web Administration Services, or otherwise through the MOS network is
at your own risk. MOS specifically deny any responsibility for the accuracy or
quality of information obtained through our site or services.
Limitation of Liability
IN NO EVENT WILL SHARPLOGIC OR ITS THIRD
PARTY PROVIDERS be liable to you or any third party claiming through you for
any indirect, consequential, exemplary, punitive, special or incidental
damages, including without limitation, damages arising from claims related to
personal injury or death, loss of data, lost revenue, lost profits, loss of use
or other economic advantage, change in applicable government regulations,
regardless of the form of the action and regardless of whether SharpLogic or
its third party providers have been advised of the possibility of such
damages. Notwithstanding the foregoing limitations, in no event will the
total, cumulative liability of SharpLogic or its third party providers for
damages under this Agreement exceed one hundred dollars ($100.00).
Indemnification
You shall, at your expense, indemnify, hold harmless, and at SharpLogic's
option and request, defend SharpLogic, our third party providers, and our
officers, employees, and agents from any cost, expenses (including attorneys'
fees), losses, damages or liabilities incurred arising out of your actual or
alleged (i) failure to perform any obligation under this Agreement, or (ii)
illegal, harmful or fraudulent conduct.
Notices of Copyright Infringement
SharpLogic respects the intellectual property rights of others, and asks you to
do the same. SharpLogic may, in appropriate circumstances and at its
discretion, terminate service to users who infringe the intellectual property
rights of others. If you believe that your work has been posted on the
Sites in a way that constitutes copyright infringement, please contact
SharpLogic at the address below and provide 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, and identification of the URL or other
specific location on the Sites where the material that you claim is infringing
is located; (3) your address, telephone number, and email address; (4) 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; and (5) 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.
SharpLogic's designated agent for notice of
copyright infringement can be reached at:
SharpLogic Software Inc.
Attention: Copyright Compliance Officer
16625 Redmond Way
Suite M PMB 206
Redmond, WA 98052
info@sharplogic.com
General Provisions
Enforcement of this Agreement will be governed by the laws of the State of
Washington, USA, excluding its conflict and choice of law principles. The
exclusive jurisdiction and venue for any claims arising out of or related to
this Agreement or your use of the Service will lie in the State and Federal
courts located in King County in the State of Washington, and you irrevocably
agree to submit to the jurisdiction of such courts. The failure of
SharpLogic to enforce any right or provision in this Agreement will not
constitute a waiver of such right or provision unless acknowledged and agreed
to by SharpLogic in writing. In the event that a court of competent
jurisdiction finds any provision of this agreement to be illegal, invalid or
unenforceable, the remaining portions will remain in full force and
effect. This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned in whole or in
part by SharpLogic without restriction. This Agreement comprises the entire
agreement between you and SharpLogic and supersedes all prior or
contemporaneous negotiations, discussions or agreements, if any, between the
parties regarding the subject matter contained herein.
Contact Us
SharpLogic can be reached using the following contact information:
SharpLogic
Software Inc.
16625
Redmond Way
Suite
M PMB 206
Redmond,
WA 98052
info@sharplogic.com