1. Terms and Conditions of Use of Site
4. Prohibited Uses. You represent and warrant that you will not, nor will you allow others to, directly or indirectly:
- remove or copy any Site Content, or remove any copyright or other proprietary notices contained on Site Content; sell, reproduce, modify or attempt to modify Site Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Content for any public, commercial, or non-educational or non-personal purpose, including without limitation unauthorized use of Site Content on any other website; or transfer any Site Content to any other person without the prior written consent of the Alliance;
- print or copy any of the HTML or other computer software and/or code that is accessible at the Site;
- use or interact with the Site in any manner that could damage, disrupt, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site, system resources, accounts, servers, networks, computer software, hardware, telecommunications equipment and/or linked sites connected to or accessible through the Site (including, without limitation, uploading, posting or otherwise transmitting on the Site material containing computer viruses, Trojan horses, worms or other files, code or computer programs which are potentially harmful, damaging, disruptive and/or destructive);
- use any robot, spider, scrapers or other means (whether by automatic program or device, manual process or otherwise) to monitor, copy, summarize, harvest, collect, process, combine, store or otherwise extract, use or disclose any information from the Site or Site Content in whole or in part, respecting other users (including, but not limited to, the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any user); or circumvent or violate robot exclusion headers or any other means of limiting access;
- harass another user, use or attempt to use another’s account, password, or other information in connection with the Site; create or use a false identity on the Site, or impersonate any person or entity, including without limitation an Alliance employee or member, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information;
- disrupt or interfere with any other person’s use or enjoyment of the Site or linked sites, or any services thereof; transmit on, to or from the Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Site Content posted by any other person or entity; or
- post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity.
In addition, you agree that you are solely responsible for actions or communications undertaken, or Content transmitted, uploaded or posted in the course of your usage of the Site, and that you will comply with all laws that apply or may apply to your use of or activities on the Site or in respect of any Content. The Alliance will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Alliance reserves the right at all times to disclose any Site Content or other Content transmitted by you as necessary to satisfy any law, regulation or governmental request.
5. Registration and Password. You are responsible for maintaining the confidentiality of your registration information (including, without limitation, and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. The Alliance may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trade-mark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords should be non-obvious, hard-to-guess, and changed on a regular basis, and registered users must log-out at the end of each session. You agree to immediately notify the Alliance of any unauthorized use of your registration information or of any other breach of security of which you are aware.
6. Proprietary Rights. This Site, including without limitation all Site Content, is protected by U.S. and international copyright law and may not be copied (except as necessary to view the Site in your web browser), distributed, modified, or reproduced, in whole or in part, without the prior written permission of the Alliance. Any unauthorized copying, redistribution, reproduction or modification of the contents of the Site by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Site Content. Any software, including any files and images generated by such software and code and data accompanying such software used or accessible through the Site (“Software”) is the copyrighted work of the Alliance or its licensors. Except as permitted by law, you may not use Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any Software comprising or in any way making up a part of the Site. Certain names, graphics, logos, icons, designs, words, titles and phrases on the Site, including, without limitation, ACTIVE ARCHIVE constitute the trademarks, logos, trade names and/or trade dress of the Alliance, and their display on the Site does not convey or create any license or other rights in such trademarks, logos, trade names or trade dress. Any use of any of same, in whole or in part, without prior written authorization of the Alliance is strictly prohibited.
Third party trademarks, logos, trade names, trade dress and any associated products or services mentioned on the Site are the trademarks or registered trademarks of their respective owners. The display of these trademarks, logos, trade names, trade dress and associated products or services on the Site does not convey or create any license or other rights in or to such trademarks, logos, trade names, trade dress or any associated products or services. Any unauthorized use of them is strictly prohibited.
Except as expressly provided herein, the Alliance does not grant any express or implied right or license to you to use any intellectual property, including, without limitation, any patent, trade-mark, copyright, trade secret, or confidential information, of the Alliance or of any other contributor of Site Content.
The Alliance is not responsible for the contents of any such linked pages or any other pages not under its control. The Alliance makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that the Alliance sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of the Alliance.
- If you link to the Site, the Alliance grants you a limited, non-exclusive, non-transferable, royalty-free license to use the ACTIVE ARCHIVE word mark (“Licensed Marks”) solely for the purpose of serving as a link from the applicable web site to the Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any Alliance trademark or logo for any reason without the prior written permission of the Alliance.
- The linked website, and other materials, shall not:
- change in any material way the nature and features of such website from that described to the Alliance in the written notice provided to the Alliance prior to the establishment of the link;
- create frames around any part of the Site or use other techniques that alter the visual presentation of the Site;
- imply that the Alliance is endorsing you, or any other person, or your or such other person’s products or services;
- imply an affiliation between you or any other person, or your or such other person’s products or services, and the Alliance without the prior written consent of the Alliance;
- misrepresent the relationship of you or any other person with the Alliance or present false, misleading or otherwise damaging information or impressions about the Alliance or any of its products or services;
- contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups; or
- incorporate the Site or Site Content into another website.
The Alliance may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to the Site, with or without cause. If the Alliance exercises this right, you shall immediately remove all your links to the Site and shall cease using the Licensed Marks.
The Alliance may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.
You irrevocably waive any moral rights or rights of a similar nature that you may have in any Content that you submit, including rights to integrity and attribution of authorship.
By transmitting, uploading or posting any Content with respect to the Site, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such Content have been voluntarily waived by you;
- the Alliance’s access, copying, reproduction, distribution, transmission, display, performance, communication, modification, deletion, adaptation, publication, translation, creation of derivative works from, and other use of the Content as permitted by this agreement will not violate or infringe the intellectual property, privacy or other rights of any third party;
- you have the right to grant the Alliance the rights and licenses described above (if you are not in a position to grant such a license to the Alliance, you must not submit the Content);
- all Content that you post is accurate and provided with no intention to mislead;
- you are at least 13 years old;
- you are not impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- you have not been compensated or granted any consideration by a third party for submitting such Content;
- you have disclosed any potential conflict or other vested interest, such as the fact that you or someone in your immediate family or household works for the Alliance or any of its members;
- you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; and
- you will not post Content which contains a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Content that contains obscenities, nudity or is unlawful, harmful, threatening, explicit, abusive, harassing, defamatory, libelous, vulgar, pornographic, obscene, invasive of another’s privacy, hateful, tortious, racially, ethnically or otherwise objectionable or not suited for a public forum.
- Content which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Content that harms children in any way.
- Content which depicts or describes an unlawful or criminal act or advocates, promotes, or incites any third party to commit, or assist any unlawful or criminal act.
- Content containing statements which members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Content that infringes or violates any third party’s patent, copyright, trade-mark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- Content which includes email addresses, URLs, phone numbers, physical addresses or other forms of contact information including but not limited to any name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual.
- Content that impersonates any person or entity, including an Alliance, director, officer, member or staff, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as “inside information”, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Content containing any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Content which uses the Site for any commercial purpose.
- Content which contains critical or spiteful comments respecting other reviews posted on the Site, their authors or anyone else.
10. Policy for Submitted Ideas. The Alliance maintains a policy not to accept any ideas from the public in order to avoid possible future confusion between such submitted ideas and ideas of our own, and also to avoid restriction of our own original research and development activities. Such ideas shall be considered Content for purposes herein. Notwithstanding the foregoing request, if your ideas are brought to our attention, through the Site or by e-mail/postal mail, etc., they will be treated, unless made upon our request and as otherwise agreed upon in writing by us, upon the understanding that you agreed to the following terms:
- the Alliance is under no obligation to handle the submitted ideas as confidential information and has no obligation to study, evaluate, or adopt the submitted ideas; and
- the Alliance may itself be developing and creating identical or similar ideas and even if we utilize such ideas in any of our products, or publish or announce information identical or similar in whole or in part to the submitted ideas, we shall neither be responsible nor liable for any compensation therefor.
You acknowledge that:
- the Alliance makes no representation or warranty of any kind regarding the Site or Site Content, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of Site Content or related to results to be obtained using Site Content;
- you will be solely responsible for any Content you provide the Site or otherwise provide to the Alliance, including without limitation for its truthfulness and accuracy; and
- the Site and Site Content are provided “AS IS” and any use of or reliance on the Site or Site Content shall be at your sole risk.
THE ALLIANCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE SITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING AND USAGE OF TRADE. FOR GREATER CERTAINTY, THE ALLIANCE DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE. WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED HEREIN DUE TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM, TRANSMISSION LINK, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, LABOUR DIFFICULTIES, INTERRUPTION OF TRANSPORTATION, ACTS OF ANY GOVERNMENT AUTHORITY, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
12. Limitation of Liability. YOU AGREE THAT IN NO EVENT WILL THE ALLIANCE HAVE ANY LIABILITY IN CONNECTION WITH THIS SITE OR SITE CONTENT FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING ,WITHOUT LIMITATION, WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE SITE, ANY SITE CONTENT OR ANY LINKED SITE, OR FAILURE OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. WITHOUT LIMITING THE FORGOING EXCLUSION, THE ALLIANCE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DAMAGES, CLAIMS OR DEMANDS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED USD $100. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU.
15. Infringement Notice. If you believe in good faith that any Site Content infringes upon your copyright rights, you may request that such Content be removed, or that access to it be blocked. All such notices shall be sent to the Alliance at the address in the “Contact Us” section below. Please provide us with sufficient contact information so that we may contact you if necessary to address your notice.
Active Archive Alliance
6285 Lookout Road
Boulder, Colorado 80301