Date of Last Revision: July 08, 2009
This Statement of Rights and Responsibilities ('Statement') derives from the ArticulateLogic Principles, and governs our relationship with users and others who interact with ArticulateLogic. By using or accessing ArticulateLogic, you agree to this Statement.
You own all of the content and information you post on ArticulateLogic, and you can control how we share your content. In order for us to use certain types of content and provide you with ArticulateLogic, you agree to the following:
For content that is covered by intellectual property rights, like photos ('IP content'), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ArticulateLogic ('IP License'). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about ArticulateLogic, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep ArticulateLogic safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
ArticulateLogic users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on ArticulateLogic that infringes someone else's rights or otherwise violates the law.
We can remove any content you post on ArticulateLogic if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including ArticulateLogic, the ArticulateLogic and F Logos, FB, Face, Poke, Wall and 32665) without our written permission.
You will not post anyone's identification documents or sensitive financial information on ArticulateLogic.
You give us all rights necessary to allow other users to download the software you submitted including the right to: place content, including ads, around your software information.
We can analyze your software, content, and data to ensure safety and usability.
To ensure your application is safe for users, we can audit it.
We can change this Statement as long as we provide you notice through ArticulateLogic (unless you opt-out of such notice) and an opportunity to comment.
For all changes we will give you a minimum of seven days notice.
We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of ArticulateLogic to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.
If anyone brings a claim against us related to your actions or your content on ArticulateLogic, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP ARTICULATELOGIC UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ARTICULATELOGIC 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ARTICULATELOGIC WILL BE SAFE OR SECURE. ARTICULATELOGIC IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ARTICULATELOGIC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ARTICULATELOGIC WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARTICULATELOGIC 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By 'us,' 'we' and 'our' we mean ArticulateLogic, Inc. and/or its affiliates.
By 'content' we mean the content and information you post on ArticulateLogic, including information about you and the actions you take.
By 'post' we mean post on ArticulateLogic or otherwise make available to us.
By 'use' we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
This Statement makes up the entire agreement between the parties regarding ArticulateLogic, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.