A. Acceptance of Terms
Through Use
This terms of use policy
("Terms of Use Policy") applies to www.webengagelabs.com
and all related sites owned, operated or controlled
by WebEngage Labs, Inc. (the "WebEngage Labs Web
Site"), including the web site that you were viewing
when you clicked through to this page on our Terms of
Use Policy. The WebEngage Labs Web Site enables you
to learn about WebEngage Labs and its products and services,
as well to access our network and services ("WebEngage
Services"). By using the WebEngage Labs Web Site,
you signify your agreement to the terms, conditions
and notices of our Terms of Use Policy. The Terms of
Use Policy also applies to WebEngage Services.
This Terms of Use Policy
may be used in conjunction with the terms of a service
agreement with you. Violating any of these policies
grants WebEngage Labs the authority to take action to
restrict or terminate your access to WebEngage Services.
We reserve the right, at our sole discretion, to update
or revise this policy, any other policy or statement
on any WebEngage Web Labs Site, and any product offerings
or programs described on any WebEngage Labs Web Site.
Please refer back periodically to the WebEngage Labs
Web Site to review any changes to our Terms of Use Policy.
WebEngage Labs disclaims,
to the maximum extent permitted by law, all warranties,
representations and other endorsements, express or implied,
with regard to the information accessed from, or through,
this service, the systems which provide it and the Internet,
including all warranties of merchantability or fitness
for a particular use, or non-infringement of any third-party
rights. WebEngage Labs does not assume any liability
for the completeness, accuracy or usefulness of any
information disclosed or materials accessed. In no event
will WebEngage Labs (or any related persons or entities)
be liable for any special, indirect or consequential
damages associated with or arising from use of this
service in any way, including any loss of use, data
or profits, regardless of the form of action.
B. Lawful Use
You must use the WebEngage
Labs Web Site and WebEngage Services in accordance with
this Terms of Use Policy and all federal, state and
local laws, ordinances, and regulations.
C. User Conduct, Prohibited
or Unlawful Use
In order to maintain an
informative and valuable service that meets the needs
of the users of the WebEngage Labs Web Site and WebEngage
Services, the following rules have been established
to protect against abuse.
Use of the WebEngage Labs
Web Site or the WebEngage Services for any purpose that
is unlawful or in any manner which could damage, disable,
overburden or impair the operation of the WebEngage
Labs Web Site or WebEngage Services or any other party's
use or enjoyment of the WebEngage Labs Web Site or WebEngage
Services is strictly prohibited.
Specifically, you may not:
• Attempt to use or gain unauthorized access to
data, accounts, hosts, systems or networks of the WebEngage
Labs Web Site, or to probe, scan or test the vulnerability
of a system or network of the WebEngage Labs Web Site,
any WebEngage Services or those of any other party;
• Interfere with service to any user, host or
network including, without limitation, mail-bombing,
flooding, and attempting to deliberately overload the
system;
• Forge any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup posting;
Falsify address information or otherwise modify e-mail
headers to conceal the sender's or the recipient's identity;
• Use the WebEngage Labs Web Site or WebEngage
Services to engage in activities that violate any terms
or conditions of any other network access provider or
Internet service provider.
Additionally, you may not, by use of the WebEngage Labs
Web Site or any WebEngage Service or another service,
upload, post or otherwise distribute or facilitate distribution
of any content, including text, communications, software,
images, sounds, data, or other information that:
• Is unlawful, threatening, abusive, harassing,
libelous, defamatory, obscene, deceptive, fraudulent,
invasive of another's privacy, tortious, pornographic
or inaccurate;
• Victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity,
age, disability or any other reason;
• Is posted in violation of a newsgroup charter;
• Contains viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer;
• Constitutes unsolicited duplicative e-mail (commercial
or otherwise);
o This prohibition extends to the sending of unsolicited
mass e-mailings from another service which in any way
implicates the use of the WebEngage Labs Web Site or
WebEngage Services, WebEngage Labs equipment or any
WebEngage Labs e-mail address.
o A communication may be unsolicited if: (1) recipients'
email addresses were not obtained through a personal
or customer relationship between recipient and sender,
(2) recipients did not affirmatively consent to receive
communications from sender, or (3) recipients have opted
out of receiving communications from sender when given
notice of the opportunity to do so.
Your participation in online communication is not edited,
censored or otherwise controlled by WebEngage Labs.
However, WebEngage Labs reserves the right to monitor
content on the WebEngage Labs Web Site and WebEngage
Services and to remove content which WebEngage Labs,
in its sole discretion, determines to be harmful, offensive,
or otherwise in violation of this Terms of Use Policy
D. Intellectual Property
Rights
You acknowledge and agree
that copyrights, trademarks, service marks, patents,
trade secrets, and other proprietary rights and laws
protect all content and materials available on the WebEngage
Labs Web Site. Nothing on the WebEngage Labs Web Site
shall be interpreted or implied in such a way as to
confer any license or right to any intellectual property
rights or license to any intellectual property, content,
technology, system, process, or related material belonging
to WebEngage Labs by virtue of it being displayed or
made accessible on the WebEngage Labs Web Site. Except
as expressly authorized by WebEngage Labs, you agree
not to use the WebEngage Labs Web Site or the WebEngage
Services in any manner that would infringe, violate,
dilute or misappropriate any such rights, with respect
to any material, which you access or receive through
this site or the WebEngage Services.
The WebEngage Labs and
WebEngage names, WebEngage Labs and WebEngage design
logos, other related names, design marks, product names,
feature names and related logos are trademarks of WebEngage
Labs, Inc., and may only be used with the express prior
written permission of WebEngage Labs. WebEngage Labs
claims copyright interests in all original content and
works provided by WebEngage Labs on the WebEngage Labs
Web Site. If any pages, information or content is copied,
it may only be copied only for non-commercial uses and
WebEngage Labs shall, in any event, retain all copyright
and other proprietary interests therein.
If you use a domain name
in connection with WebEngage Labs web hosting, or any
other web hosting service, you must not use that domain
name in violation of any trademark, service mark, or
similar rights of any third party.
E. User's Grant of Limited
License
By posting or submitting
content to the WebEngage Labs Web Site, you:
• Grant WebEngage Labs the right to use, reproduce,
display, adapt, modify, distribute and have distributed
the content in any form, anywhere and for any purpose,
subject to the WebEngage Labs Privacy Policy, which
is incorporated in and made a part of this Policy; and,
• Warrant and represent that you own or otherwise
control all of the rights to the content and that public
posting and use of your content by WebEngage Labs will
not infringe or violate the rights of any third party.
F. Internet Relay Chat Rules
You must not use any programs
that may or will interfere with another's use of the
WebEngage Labs Web Site or WebEngage Services. You must
not run any Internet Relay Chat ("IRC") robot
on any IRC server. When logged into any IRC server,
you must comply with the rules and policies established
by that IRC's service administrator.
G. Controlling Law and
Termination
This Terms of Use Policy
is subject to and shall be construed and enforced in
accordance with the laws of the State of Oregon without
regard to its choice of law principles, and any disputes
under this Terms of Use Policy shall be brought in the
United States District Court for the State of Oregon.
Comments
Comments regarding our
Terms of Use Policy may be sent to us by e-mail or mailed
to our corporate offices at 13134 SW Woodshire Lane,
Tigard, OR 97223.
E-mail comments should
be directed to: admin@webengagelabs.com
Updated October 2007
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