OpticalLock Terms of Use
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ ALL OF THESE TERMS; (B) UNDERSTAND ALL OF THESE TERMS; AND (C) AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
These Terms of Service (these “Terms”) apply when you access or use any website, mobile application and other online product and service (collectively, the “Services”) of OpticalLock, Inc. (“OpticalLock,” “we” or “us”). These Terms do not alter the terms or conditions of any other agreement you may have with OpticalLock for specific products or services. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and OpticalLock for violations of these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
UPDATES TO THESE TERMS
We reserve the right to modify any provisions of these Terms and any policies
or guidelines governing your use of the Services at any time at our discretion
and without liability to you. The modifications will be effective immediately
upon posting the modified Terms on the Services, and you waive any right you
may have to receive specific notice of the modifications. Your continued use of
the Services following the posting of the modifications constitutes your
acceptance to the modifications. Therefore, you should frequently review these
Terms and all applicable policies or guidelines on the Services to understand
the terms and conditions applicable to your use of the Services. If you do not
agree to any modifications to these Terms or to any applicable policies or
guidelines on the Services, you must stop using the Services.
PRIVACY POLICY
Please refer to OpticalLock’s Privacy Policy for information on our privacy
practices. If you are a resident of any country outside the United States, you understand and agree that we will store and process your personal information on
computers located in the United States, and that by providing any information
to us, you consent to the transfer of such information to the United States.
THE SERVICES
As part of the Services, OpticalLock may offer training, support and
professional services to help you install, configure, optimize, tune and run
the OpticalLock Platform. The Services may be provided by OpticalLock or
its third-party service providers. OpticalLock reserves the right to change any
and all content contained in the Services and to modify, suspend or discontinue
the Services or any features or functionality of the Services at any time without
notice and without obligation or liability to you.
Content; Interactive Features or Areas
By using the interactive areas of the Services, you will not, and will not allow or authorize any third party to, post, upload to, transmit, distribute, store, create, solicit, disclose or otherwise publish through the Services any of the following:
* Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
* Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party or otherwise create liability
or violate any local, state, national or international law;
* Content that may infringe the patent, trademark, trade secret, copyright,
intellectual, privacy or proprietary right of any party;
* Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity;
* Unsolicited promotions, political campaigning, advertising or solicitations;
* Private information of any third party, including (but not limited to)
addresses, phone numbers, email addresses, Social Security numbers and payment
card information;
* Viruses, corrupted data or other harmful, disruptive or destructive files; or
* Content that, in the sole judgment of OpticalLock, is objectionable or which
restricts or inhibits any other person from using or enjoying the Services, or
may expose OpticalLock or our users to any harm or liability of any type.
You will not violate any law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while on the Services. You will not do, and will not allow or authorize any third party to do, any of the following:
* Use the Services in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying the Services, or
that could damage, disable, overburden or impair the functioning of the
Services in any manner;
* Use any robot, spider, crawler, scraper or other automated means or interface
not provided by us to access the Services or to extract data;
* Reverse engineer any aspect of the Services or do anything that might
discover source code or bypass or circumvent measures employed to prevent or
limit access to any area, content or code of the Services (except as otherwise
expressly permitted by law);
* Use or attempt to use any account you are not authorized to use;
* Impersonate or post on behalf of any person or entity or otherwise
misrepresent your affiliation with a person or entity;
* Attempt to circumvent any content filtering techniques we employ, or attempt
to access any service or area of the Services that you are not authorized to
access;
* Attempt to indicate in any manner that you have a relationship with us or
that we have endorsed you or any products or services for any purpose;
* Engage in any harassing, intimidating, predatory or stalking conduct;
* Develop any third-party applications that interact with Content and the
Services without our prior written consent; and
* Use the Services for any illegal or unauthorized purpose or engage in,
encourage or promote any activity that violates these Terms.
You are solely responsible for creating backup copies of and replacing any Content you post or store on the Services at your sole cost and expense.
SUBMISSIONS
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Services, OpticalLock or OpticalLock’s products or services (collectively, “Submissions”) that you communicate to OpticalLock (whether by email, any postings on the Services or otherwise) are non-confidential and will become the sole property of OpticalLock. OpticalLock will own exclusive rights, including all intellectual property rights
COPYRIGHT
The Services and all content and other materials on the Services, including,
but not limited to, the OpticalLock effects, our logo and all designs, text,
graphics, logos, icons, images, photographs, audio clips, digital downloads,
data compilations, software and the selection and arrangement thereof
(collectively, the “Materials”) are our property or are licensed to us are
protected by United States and/or international copyright laws. Except as
otherwise provided in these Terms, you are not permitted to copy, modify,
display, license, create derivative works of, or otherwise exploit our
Materials without written permission of the copyright holder.
TRADEMARK
OPTICALLOCK, the OpticalLock Logo, OPTi-100, OpticalShield, and any other
product or service names, slogans, graphics, logos, page headers, button icons
and scripts contained in the Services, except as otherwise noted, are
trademarks or trade dress of OpticalLock. OpticalLock’s trademarks and trade
dress may not be used in connection with any product or service that is not OpticalLock’s,
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits OpticalLock.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by OpticalLock.
LIMITED LICENSE AND RESTRICTIONS
We grant you a limited, non-sublicensable, non-exclusive and revocable license
to access and make use of the Services and the Materials solely in accordance
with, and subject to, these Terms and any other of our policies as posted on
the Services. Except as otherwise expressly permitted by these Terms, you may
not do any of the following: (i) collect, use, copy or distribute any portion of
the Services or the Materials; (ii) resell, publicly perform or publicly
display any portion of the Services or the Materials; (iii) modify or otherwise
make any derivative uses of any portion of the Services or the Materials; (iv)
use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic
device, program, algorithm or methodology which perform similar functions to
access, acquire, copy or monitor any portion of the Services; (v) use the
Services in a manner which results in the depletion of Website infrastructural
resources; (vi) download (other than page caching) any portion of the Services,
the Materials or any information contained therein; or (vii) use the Services
or the Materials other than for their intended purposes.
You will indemnify, defend and hold us and our investors, officers, directors,
affiliates, subsidiaries, licensors, partners, licensees, consultants,
contractors, suppliers, agents and employees (collectively, the “Indemnified
Parties”) harmless from and against any and all actual or threatened
third-party suits, actions, proceedings (at law or in equity), claims
(groundless or otherwise), damages, payments, deficiencies, fines, judgments,
settlements, liabilities, losses, costs and expenses (including, but not
limited to, reasonable attorney and expert fees, costs, penalties, interest and
disbursements) resulting from any claim (including third-party claims), suit,
action, or proceeding against any of the Indemnified Parties, whether successful
or not, resulting from or arising in connection with any of the following: (i)
your use of the Services or the Materials; (ii) your conduct; (iii) your
violation of the rights of any third party; (iv) any breach by you of these
Terms (including, but not limited to, any breach of any of your representations
or warranties);
TERMINATION
Notwithstanding any terms to the contrary in these Terms, we reserve the right,
without notice, without liability to you and at our discretion, to terminate
any of your rights under these Terms (including, but not limited to, your right
to use the Services) and to block or prevent your access to and use of the
Services for any or no reason.
ELECTRONIC COMMUNICATIONS
Notwithstanding any terms to the contrary in these Terms, OpticalLock may
choose to electronically deliver all communications with you, which may include
the following: (i) email to your email address indicated in your communications
with OpticalLock or upon registration with the Services; or (ii) posting
messages that are displayed to you when you log in to or access the Services. OpticalLock’s
electronic communications to you may transmit or convey information about
action taken on your request, portions of your request that may be incomplete
or require additional explanation, any notices with respect to modifications to
these Terms, any notices required under applicable law and any other notices.
You agree to do business electronically with OpticalLock, and to receive
electronically all current and future notices, disclosures, communications and
information, and that the aforementioned provided electronically satisfies any
legal requirement that such communications be in writing. An electronic notice
will be deemed to have been received the day of receipt as evidenced by such
email.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that anything on the Services infringes upon any copyright which
you own or control, you may file a notification of such infringement with our
Designated Agent as set forth below.
OpticalLock Inc., 8030 La Mesa Blvd., #406, La Mesa, CA 91942; Telephone 619-784-6685, [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, OpticalLock has adopted a policy of terminating, in appropriate
circumstances and at the discretion of OpticalLock, account holders who are
deemed to be repeat infringers. OpticalLock may also at our discretion limit
access to the Services and/or terminate the accounts of any users who infringe
any intellectual property rights of others, whether or not there is any repeat
infringement.
CONTACT US
Questions or comments about the Services may be directed to OpticalLock at the
email address info@opticallock.com.
If you believe there is a violation of these Terms and you would like to report
it to us, please direct the information info@opticallock.com. Any reports of
violations you submit to us, including your identity, may not be kept confidential.
In response to your report, we may take actions in accordance with these Terms
or other applicable agreements between us and the alleged violator of the Terms
and may pursue other remedies available under all applicable local, state,
federal or international laws, regulations, rules, orders and other
requirements, now or hereafter in effect. However, we are under no obligation
to respond to any reports we receive. Please note that a personal reply to
reports you submit to us may not always be possible.