SCOPE OF TERMS
These Terms are applicable to all MediaStanza websites related to MediaStanza's Gesture-detection Abstract Socket Server ("GESTURES.IO"), whether a sponsored site, managed through a third party vendor or hosted by a third party ( "Web Site" or "Web Sites"). These Terms also apply to any resources and tools provided through Web Sites, including but not limited to services (web based or otherwise), developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. These Terms apply to all the Web Sites, both now and in the future. Hereafter, all the materials covered by these Terms will be referred to as the "Materials."
MediaStanza may provide activity or program specific Terms of Service, for example when MediaStanza provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, these Terms remain in full force and effect.
SECURITY AND PRIVACY
MEMBER ACCOUNT, PASSWORD, AND SECURITY: In order to use this site, MediaStanza requires you to establish a member account and/or site password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MediaStanza immediately of any unauthorized use of your account or any other breach of security. MediaStanza will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MediaStanza or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
PERMISSION TO USE: This Web Site is for the use of the subscribers of GESTURES.IO. Its use is prohibited for any other person or entity. Except for your personal data that you provided and the analytics data provided to you as part of your subscription to GESTURES.IO, unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
NO UNLAWFUL OR PROHIBITED USE: You agree that you will not use the Web Sites or Material for any purpose that is unlawful or prohibited by these Terms. You may not:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Web Sites, Materials, services or activities to "stalk" or otherwise harass or harm another;
- Impersonate any person or entity, including, but not limited to, an MediaStanza official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any MediaStanza server, service or network connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;
- You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any MediaStanza server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
- Violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
US GOVERNMENT RESTRICTED RIGHTS: The Materials including MediaStanza Software are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of MediaStanza's proprietary rights in them.
NOTICES AND DISCLOSURES
EXCLUSIONS OF WARRANTY: Unless otherwise provided in the terms of your subscription to GESTURES.IO, the Materials and Web Sites are provided by MediaStanza Corporation and/or its worldwide direct or indirect subsidiaries and affiliates ("MediaStanza") as a service to its customers and are for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF MEDIASTANZALECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- IN NO EVENT WILL MEDIASTANZA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF MEDIASTANZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIASTANZA AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
- IN NO EVENT WILL MEDIASTANZA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES MEDIASTANZA MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THESE LIMITATIONS ON MEDIASTANZA'S LIABILITY WILL APPLY WHETHER OR NOT MEDIASTANZA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
ACCURACY AND COMPLETENESS: MediaStanza does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials other than what is included in the terms of your subscription to the GESTURES.IO.
CHANGES AND UPDATES: MediaStanza reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. MediaStanza may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. MediaStanza makes no commitment to update the Web Sites or Materials.
CONTENT RELATED NOTICES
OWNERSHIP: Except for your personal data that you provided and the related analytics data provided to you as part of your subscription to GESTURES.IO, you acknowledge and agree that MediaStanza owns all legal rights, title and interest in and to the Materials and Web Sites, including any MediaStanza trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without MediaStanza's prior written permission. Except as expressly provided herein, MediaStanza does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
TRANSLATIONS: Where MediaStanza has provided you with a translation of the English language version of these Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MediaStanza. If there is any contradiction between the English language version of the Terms and the translation, the English language version will take precedence.
THIRD PARTY CONTENT: Web Sites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by MediaStanza and is provided solely as a convenience to our customers and users. Under no circumstances will MediaStanza be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Web Sites or Material are subject to these Terms and any other program and site specific terms.
NOTICE SPECIFIC TO MEDIASTANZA SOFTWARE
Any MediaStanza software that is made available to download from the Web Sites ("Software") is the copyrighted work of MediaStanza and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF MEDIASTANZA SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MEDIASTANZA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MEDIASTANZA MAY MAKE AVAILABLE AS PART OF THE WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MEDIASTANZA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE MEDIASTANZALECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MEDIASTANZA SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO MEDIASTANZA DOCUMENTS
Permission to use MediaStanza owned white papers, press releases, datasheets, specification documents, FAQs etc. ("Documents") from the Web Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Web Site or any other MediaStanza owned, operated, licensed or controlled site. Elements of the Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by MediaStanza.
MEDIASTANZA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MEDIASTANZA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL MEDIASTANZA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. MEDIASTANZA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED AT ANY TIME.
DMCA COPYRIGHT INFRINGEMENT CLAIM
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
MediaStanza may, in appropriate circumstances, terminate an account holder or subscriber to a Web Site if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact MediaStanza's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
USER CONTENT SUBMISSIONS
DEFINITION: User content submissions may include, but not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, opinions, descriptions, etc. (the "User Content") on any Web Site. The content submitted by users is referred to hereafter as "User Content".
NON-ENDORSEMENT: MediaStanza does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and MediaStanza expressly disclaims any and all liability in connection with User Content submissions. MediaStanza does not permit copyright infringing activities and infringement of mediastanzalectual property rights on its Web Sites, and MediaStanza will remove User Content if properly notified that such submission infringes on another's mediastanzalectual property rights in accordance with the DMCA provisions. MediaStanza reserves the right to remove User Content at its sole discretion and without prior notice.
OWNERSHIP: MediaStanza does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. MediaStanza is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized MediaStanza representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
LICENSE: Unless otherwise specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such User Content you grant MediaStanza, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
USER SUBMITTED CODE: Any user submitted code or materials posted on an MediaStanza web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. MediaStanza is not responsible for user submitted code nor warrants that it will work correctly.
WARRANTIES AND REPRESENTATIONS: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms.
MODERATION OR PRE-SCREENING: You acknowledge that MediaStanza may or may not moderate or pre-screen User Content. MediaStanza and its designees retain the right, at MediaStanza's sole discretion to pre-screen, refuse, or remove any User Content from its Web Site or Materials. MediaStanza, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, MediaStanza will have the right to remove any User Content that violates these Terms.
LINKS TO OTHER MATERIALS OR SITES
The linked sites are not under the control of MediaStanza and MediaStanza is not responsible for the content of any linked site or any link contained in a linked site. MediaStanza reserves the right to terminate any link or linking program at any time. MediaStanza does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
UNSOLICITED IDEA SUBMISSION POLICY
MEDIASTANZA OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MEDIASTANZA'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MEDIASTANZA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MEDIASTANZA OR ANYONE AT MEDIASTANZA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MEDIASTANZA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
MediaStanza makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and MediaStanza Corporation and govern your use of the Web Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and MediaStanza will be governed by the laws of Paris, FRANCE without regard to its conflict of law provisions and each party will submit to the personal and exclusive jurisdiction of the courts located within Paris, Ile-de-France, FRANCE. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, MediaStanza reserves the right to seek all remedies available by law and in equity for such violations.
MediaStanza may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular Web Sites or Materials.
Copyright © MEDIA STANZA. All rights reserved. Media Stanza SAS, 13B av. Motte-Picquet 75007 Paris, France. April 2014.