PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) your provision of information in connection with using the Website (collectively, the “User Content “); and (iii) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Fusionsw or its licensors and made available to you through the Website (collectively, the “Fusionsw Content”). Please read these Terms carefully because they impose legal obligations on you and on Fusionsw, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
3. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Fusionsw Content, are the property of Fusionsw and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Fusionsw and its licensors retain all rights with respect to the Website and the Fusionsw Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Fusionsw.
4. Grant of Rights.
4.1. Grant of Rights to Fusionsw in User Content. By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant Fusionsw a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing services to you. No compensation will be paid with respect to Fusionsw’ use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.1 (Grant of Rights to Fusionsw in User Content).
4.2. Grant of Rights to You in Fusionsw Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Fusionsw Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Fusionsw Content; (ii) modify or make derivative works based upon the Website or Fusionsw content; or (iii) reverse engineer, reverse compile, or access the Website or the Fusionsw Content in order to build a competitive product or service. You may access and view the Website and the Fusionsw Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Fusionsw Content.
5. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
- Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computerprogramming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE.
7. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 20 (Contact Us).
9. User Conduct; User Disputes. Fusionsw is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Fusionsw (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Warranty Disclaimer. LEXINGTON SOLUTIONS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
COMPANY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL LEXINGTON SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT.
12. Indemnity. You agree to defend, indemnify, and hold Fusionsw and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
13. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
14. Assignment. These Terms shall not be assignable by you, either in whole or in part. Fusionsw reserves the right to assign its rights and obligations under these Terms.
16. Additional Terms. Certain portions of the Website or services offered through it may be subject to additional or different terms and conditions. We will notify you if the service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such service or Site if you do not agree with the differing terms and conditions.
17. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 15 (Assignment); (vi) Section 16 (General); and (vii) Section 18 (Survival).
enter with us, the terms and conditions of such specific agreement will control.
19. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our website, or at: firstname.lastname@example.org
21. COPYRIGHT AND LEGAL NOTICE. Copyright © 2018 Fusionsw, LLC. All Rights Reserved.