Effective Date: August 1, 2014
Access to the Site
Restrictions on Use
Four53 and Third Party Proprietary Information
Four53’s rights apply to the Four53 APIs and all output and executables of the Four53 APIs, excluding any software components developed by you which do not themselves incorporate the Four53 APIs or any output or executables of the Four53 APIs. Four53 owns all rights, title, and interest in the Four53 APIs.
Your Proprietary Information
You own what’s rightfully yours. Four53 agrees that it has no rights to the data, documents, information or material that you submit in the course of using the Site and Services ("Submitted Data"). When submitting data, you, and not Four53, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Data. Four53 shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Data. By using the Services, each user represents and warrants to Four53 that it has the legal right to submit the Submitted Data. You agree to indemnify, defend and hold Four53 harmless from any liability caused by your submission of Submitted Data in violation of a third party’s copyright or other rights of ownership. Four53 reserves the right to withhold, remove and/or discard Submitted Data without notice for any breach, including without limitation, non-payment of fees. In addition, Four53 reserves the right to withhold, remove and/or discard any Submitted Data submitted to Four53, which, in Four53’s sole opinion, is pornographic or otherwise in violation of Four53’s internal policies for publishable material. FOUR53 MAKES NO REPRESENTATION OR WARRANTY THAT ANY STANDARD EDITION SUBMITTED DATA SUBMITTED TO FOUR53 WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED DATA SUBMITTED TO FOUR53, INCLUDING WITHOUT LIMITATION, SUBMITTED DATA STORED ON LOOP SERVICES.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed or access to which is to be disabled;
- Information that is specific and sufficient to permit us to locate the material, including the URL and/or a specific description of where the material is located;
- Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, or email address;
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Four53’s designated copyright agent to receive notifications of claimed infringement is ATTN: DMCA Agent, Four53 Inc., 46 Calhoun Terrace, San Francisco, California 94133, email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the copyright agent. Other feedback, comments, requests for technical support, and other communications should be directed to Four53 customer support at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice to the designated copyright agent above with the following information:
- Your physical or electronic signature;
- Identification of the Content that has been remove or to which access has been disabled;
- Information that is specific and sufficient to describe where the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Four53 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Four53’s sole discretion.
The Four53 Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
This Site may contain links to other sites which are not maintained by, or related to, Four53. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Four53. Four53 has not reviewed any or all of such sites and is not responsible for the content of those sites. Four53 is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and Four53 makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. Four53 provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by Four53 of that site or any association with its operators.
Some of the Four53 Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Four53 Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Four53 on the Site are subject to change without specific notice to you. In consideration for Four53 granting you access to and use of the Site and Services, you agree that Four53 may place such advertising on the Site or Services.
You understand that Four53 cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Four53 does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FOUR53 DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FOUR53 DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOUR53 DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FOUR53 MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT FOUR53, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. FOUR53 MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Four53 does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
Limitation of Liability
FOUR53, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FOUR53 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FOUR53 AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE FOR THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. Four53 will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Four53 considers insecure, Four53 will be entitled to require the password to be changed and/or terminate your account.
Governing Law and Jurisdiction
In addition to any excuse provided by applicable law, Four53 shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond Four53’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond Four53’s reasonable control, whether or not similar to those which are enumerated above.
Changes to this Agreement
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