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TERMS
OF SERVICE
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1.
Terms of Service:
Welcome
to Patents In Commerce, Inc. ("PIC"). We provide
our products and service to you subject to the following
Terms of Service (TOS), which may be updated from time to
time without notice or recourse. Users of www.PatentsInCommerce.com,
or any and all other Websites owned or managed by PIC or
assigns, together (Site) for any and all purposes agree
that you are doing so after first reviewing and agreeing
to these Terms.
The
following terms, together with any additional terms, disclaimers,
copyright and intellectual property notices posted below
and at various places on the Site constitute all of the
TERMS and are hereby incorporated into this TOS. The TOS
constitutes the entire agreement between you and PIC and
governs your use of the Service, superseding any prior agreements
between you and PIC.
This
Website is a public forum, and no confidential material
should be posted or sent to PIC. By sending or posting confidential
or secret information to PIC, you could lose your right
to intellectual property protection or ownership.
2.
Description of Service:
PIC
currently provides users with access to various on-line
resources, including online magazine articles, interactive
testing facilities, and shopping facilities, and may offer
Web-based management tools, forums and chat rooms, branded
and co-branded content and online marketplaces through its
Site (Service). These TOS will apply to new or enhanced
Services and new sites upon their being made available unless
explicitly stated otherwise. You understand and agree that
the Service is provided "AS-IS" and that PIC assumes no
responsibility for the timeliness, deletion, misposting,
mis-delivery or failure to store any user communications
or personalization settings.
3.
About Registering to Use The Service:
When
registration is required for your access or use of the Service,
you agree to:
| a. |
provide
true, accurate, current and complete information about
yourself as prompted by the Service's registration form
(such information being the "Registration Data") and, |
| b. |
maintain
and promptly update the Registration Data to keep it
true, accurate, current and complete. |
If
you provide any information that is untrue, inaccurate,
not current or incomplete, or PIC has reasonable grounds
to suspect that such information is untrue, inaccurate,
not current or incomplete, PIC has the right to suspend
or terminate your account and refuse any and all current
or future use of the Service.
You
agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content
available to users of the Service. Consequently, you acknowledge
that you may not rely on any Content created by PIC or submitted
to PIC, including without limitation information in message
boards, testing facilities, chat rooms, webzine articles,
and in all other parts of the Service.
4.
Content and Third Party Listings:
You
acknowledge that PIC does not prescreen Content.
On
various locations throughout the Site, PIC provides listings
or links to websites which we feel constitute valuable and
useful resources for users interested in the broad aspects
of intellectual property. As such, PIC at its sole discretion
may list or link these sites. PIC is not responsible for
the accuracy or completeness of information presented in
third party sites. Therefore, you are encouraged to investigate
any site prior to using services offered on those sites.
5.
PIC Privacy Policy:
Users
of the Service are to first read and understand the PIC
Privacy Policy. If you have any questions
about the Privacy Policy means, you may contact
PIC for assistance.
6.
User Account ID and Password:
Upon
completing registration to obtain access to certain features
of the Service, you will receive a personal identification
and password (Account Information). You alone are responsible
for maintaining the Account Information in confidence, and
are fully responsible for all activities that occur under
your Account Information.
You
agree to:
| a. |
immediately notify PIC of any unauthorized use of your
Account Information, and |
| b. |
ensure
that you LOG OUT from your account at the end of each
session. PIC cannot and will not be liable for any loss
or damage arising from your failure to comply with these
provisions. |
7.
Conduct of User:
You
understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not PIC, are
entirely responsible for all Content that you upload, post,
e-mail, transmit or otherwise make available via the Service.
You understand that by using the Service, you may on occasion
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will PIC be liable in any way for
any Content, including, but not limited to, any errors or
omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted,
e-mailed, transmitted or otherwise made available via the
Service.
In
the course of your use of this Service, you absolutely agree
to:
| a. |
not
harm minors or cause minors to be harmed in any way, |
| b. |
not
to forge headers of postings, e-mail, or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service, |
| c. |
not
to impersonate any person or entity, including, but
not limited to, a PIC employee, forum moderator, guide
or guest, or falsely state or otherwise misrepresent
your affiliation with any person or entity; |
| d. |
to
not upload, post, e-mail, transmit or otherwise make
available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable |
| e. |
to
not upload, post, e-mail, transmit or otherwise make
available any Content that you do not have a right to
make available 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 or confidential disclosure agreements); |
| f. |
to
not upload, post, e-mail, transmit or otherwise make
available any information that you consider confidential
in nature, which posting may cause you to lose your
rights to the intellectual property associated with
the information, |
| g. |
to
not upload, post, e-mail, transmit or otherwise make
available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary and lawful
rights of any party, respecting the rights
of others. |
| h. |
to
not upload, post, e-mail, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
You understand that such postings may violate laws of
various jurisdictions, and that you are subject to prosecution, |
| i. |
to
not intentionally or unintentionally violate any applicable
local, state, national or international law, |
| j. |
to
not "stalk" or otherwise harass another; or collect
or store personal data about other users or entities
listed on the Site. |
8.
Terms Governing International Use:
Recognizing
the global nature of the Internet, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
9.
Entire Agreement and Governing Law:
The
TOS and the relationship between you and PIC shall be governed
by the laws of the State of California without regard to
its conflict of law provisions. You and PIC agree to submit
to the personal and exclusive jurisdiction of the courts
located within the county of Sacramento, California. The
failure of PIC to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
10.
Violations:
Please
report any violations of the TOS to our Customer Support department.
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| Disclaimer
and Limitation of Liability
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11.
Public Forum:
This
Website is a public forum, and no confidential material
should be posted or sent to PIC by way of any of its Sites
by any party for any purpose without first executing a confidential
disclosure with an authorized representative of PIC. Persons
using www. patentsincommerce.com, or any and all other Sites
owned by PIC (together, Site) for any and all purposes understand
and agree to the following:
12.
Use "As Is":
Your
use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis. PIC expressly
disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and
non-infringement.
13.
No Warranty:
PIC
makes no warranty that: (a) the service will meet your requirements,
(b) the service will be uninterrupted, timely, secure, or
error-free, (c) the results that may be obtained from the
use of the service will be accurate or reliable, (d) the
quality of any products, services, information, or other
material purchased or obtained by you through the Service
will meet your expectations, and (e) any errors in the software
will be corrected.
14.
Use of Content:
All
materials and resources presented on or accessed through
the Site is provided by PIC as a service to its visitors
and readers and may be used for information purposes only.
PIC assumes no responsibility for errors or omissions in
these materials. PIC makes no commitment to update the information
contained herein. PIC makes no, and expressly disclaims
any, representations or warranties, express or implied,
regarding the Site, including without limitation the accuracy,
completeness or reliability of text, graphics, links and
other items accessed from or via this server or the Internet.
No advice or information given by PIC, its affiliates or
their respective employees, agents or independent contractors
shall create any warranty, nor will it create any attorney-client
relationship or other substantive business or advisory relationship.
15.
Limits for Data Storage:
You
acknowledge that PIC may establish general practices and
limits concerning use of the Service, including without
limitation the maximum number of days that any Content uploaded
by you will be retained by the Service, the maximum disk
space that will be allotted on PIC servers on your behalf,
and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period
of time. You agree that PIC has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted
by the Service. You acknowledge that PIC reserves the right
to log off accounts that are inactive for an extended period
of time.
16.
For Noncommercial Use:
Excepting
licensed franchisees of PIC, information on PIC's business,
products and services, and general information provided
at the Site is intended for use by PIC visitors, customers,
independent users for their personal noncommercial use,
and other business partners. PIC expressly disclaims any
liability for violations of copyright violation or infringement
that may occur on or by websites hypertext linked from the
Site and which Web sites PIC has no control.
17.
No Resale:
Excepting
licensed franchisees of PIC, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service,
or access to the Service.
18.
Not Legal Advice:
Individuals
using Site agree that nothing on the site shall constitute
legal advice or counsel, and that the individual must seek
the services of competent legal counsel of proper jurisdiction
to obtain any legal advice.
19.
Non-confidential Submissions:
All
Inventor's Submissions or other written information provided
to PIC
either via E-mail, facsimile, aurally or by mail or courier,
shall either be non-confidential, or shall be provided under
the terms of a prior executed confidential disclosure agreement
separately executed between PIC
and the provider of such information. The individual or
entity submitting non-confidential information, or submitting
confidential information without having first executed a
confidential disclosure agreement with PIC
per above, surrenders any and all claims to the information
provided, and releases and holds harmless PIC
and any and all individuals, principals, agents or entities
associated with PIC, of any and all claims or direct and
consequential losses attributable to such submitted information.
| a. |
Those
individuals or entities which submit non-confidential,
or confidential information without protection of a
properly executed Confidential Disclosure agreement
to PIC
have done so either at the direction or instruction
of an attorney skilled in protecting your intellectual
property, or have chosen to forfeit the right to seek
advise of counsel and release claim to the non-confidential
information. |
| b. |
Unsolicited
information deemed to be of a confidential nature and
sent to PIC without prior execution of PIC's Confidential
Disclosure Agreement, will not be returned to the sender,
and will be destroyed without prior notice. |
20.
Compliance With Law:
PIC
has no control over, and is not responsible for any of the
information provided by any entity listed on this site,
including any entrepreneur or inventor, especially as to
compliance with applicable Federal or State intellectual
property or securities laws and/or regulations. PIC has
not investigated, nor does it endorse any of the entrepreneurs,
inventors, companies, consultants, or any other service
or product providers listed herein nor has PIC engaged in
any effort to confirm the contended truthfulness of the
information provided by said entrepreneurs, inventors, companies,
consultants, or any other service or product providers.
You acknowledge and agree that PIC shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services
available on or through any such site or resource.
In
addition, PIC cannot control and cannot edit content provided
by a third party prior to transmission on Site, nor can
PIC ensure prompt removal of inappropriate or unlawful content
after transmission. Third party postings are not reviewed
for truth or accuracy and do not represent the opinion,
beliefs, or statements of PIC
21.
Release:
PIC,
its officers, directors, employees, shareholders, partners,
sponsors, successors or heirs shall not be liable for any
claims, damages or related expenses or liabilities, including
but not limited to incidental, consequential, special, general
or punitive damages, arising from an actual or potential
venture with, investment in, purchase of services or products
from, or business financing arrangement with any entity
that may have appeared on, offered goods or services through,
or was contacted as a result of, listing on the Site or
represented by PIC, or for any misprints or inaccuracies
that may be found to exist at Site.
All
visitors to and users of the Site also agree that he/she
shall not sue or impute a claim against PIC, its officers,
directors, employees, shareholders, partners, sponsors,
successors or heirs in respect of any expenses or liabilities.
By use of this Site, you expressly release PIC, its officers,
directors, employees, shareholders, partners, sponsors,
successors or heirs from liability for any such claims,
expenses or liabilities.
22.
Advertisers:
Advertisers
of goods or services that may advertise at the Site fro
time to time agree that the maximum recovery for any claim,
or for any and all claims it may have against PIC shall
not exceed the actual cost of the advertisement or space
lease, but before lodging such claim, you agree to allow
PIC
to correct or change any inaccuracy or misprint and provide
the same space for the same time or number of exposures
as originally contracted for in lieu of any other remedy.
Relationships of any kind which result between advertisers
and users of the Site is solely between the advertiser and
user. You agree that PIC shall not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of
such advertisers on the Service.
23.
Confidential Disclosure:
Those
individuals or entities desiring to submit confidential
information to PIC
and which require a Confidential Disclosure Agreement, are
urged to request such Confidential Disclosure agreement,
either by mail, fax, or e-mail,
from PIC, and execute such agreement prior to submitting
such confidential information to PIC or its agents.
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| Copyright
Policy
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24.
PIC respects the intellectual property of others, and we ask
our users to do the same.
PIC
does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible
areas of the Service, you grant PIC the free, perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in any
format or medium now known or later developed.
25.
Copyright Infringement Claims:
If
you believe that your work has been copied in a way that
constitutes copyright infringement, please provide PIC the
following information:
| a. |
an
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest |
| b. |
a
description of the copyrighted work that you claim has
been infringed, |
| c. |
a
description of where the material that you claim is
infringing is located on the Site, |
| d. |
your
postal address, telephone number, and e-mail address, |
| e. |
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, |
| f. |
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. |
26.
Notices:
Please
send your Notice of claims of copyright infringement to:
Patents in Commerce
15850 McCourtney Rd.
Grass Valley, CA 95949
admin @ patentsincommerce.com
27.
PIC Copyright Notice:
Contents
of PIC's Site is Copyright © 2002, Patents In Commerce,
Inc.
All
rights reserved. Patents In Commerce, Inc.
PIC
retains the copyright in all of the material on these Web
pages as a collective work under copyright laws. You may
not republish the information from the Site in books, online
services, or other media, and may not reproduce or distribute
such information or art work in whole or in part without
the express written permission of PIC.
To
obtain reprint permission or permission to republish Site
content, please contact our Permissions Editor
Copyright
Permission Request:
Patents in Commerce
15850 McCourtney Rd.
Grass Valley, CA 95949
admin @ patentsincommerce.com
Please include your name, address and a description of the
purpose of your intended distribution and identify the information
you would like to distribute. You may print, reproduce and
use the information in, and retrieve downloadable files
containing software or images from Site for noncommercial,
personal, or educational purposes only, provided that you
do not modify such information, and include any copyright
notice originally included with such information and this
notice in all such copies.
Other
Internet WWW sites may freely provide hypertext or "Hot
Links" to the Site.
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| Our
Intellectual Property
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28:
Grant of Copyright License
PIC
grants you a personal, nontransferable and non-exclusive
right and license to use the object code of Software, that
you may use online while accessing this Site, or that you
may purchase from our retail shopping area, on a single
computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sub-license,
grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in
any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface
that is provided by PIC for use in accessing the Service.
29:
PIC Trademarks:
The
following Trademarks and/or Service Marks, and patents/pending
patents are property of Patents In Commerce, Inc.:
www.PatentsInCommerce.com,
Patents In Commerce word mark and logo, and all related
product and service names, design marks and slogans, including
but not limited to primary domain names and derivatives
of the root URLs:
www.PatentsInCommerce.org,
www.PatentsInCommerce.us, www.PatentsInCommerce.net, or
www.PatentsInCommerce.xxx, whereby ".xxx" is any
top level domain (TLD) such as .com, .org, .net, .tv, or
national domain listings such as .co.uk, .ca.
30:
Permission:
Use
of any intellectual property without express written permission
by an officer of PIC is strictly prohibited, and constitutes
unauthorized use, and is strictly prohibited. PIC will enforce
any infringement or unauthorized use, and violators will
be prosecuted in accordance with applicable laws.
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| How
To Contact Patents In Commerce, Inc.
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31.
Contact PIC Offices:
Patents in Commerce
15850 McCourtney Rd.
Grass Valley, CA 95949
admin @ patentsincommerce.com
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Terms
of Service
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