ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any GBHS server or to the Site without authorization from GBHS, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any GBHS account holder or to any blueheronsoftware.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any GBHS server or the network(s) connected to any GBHS server.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of GBHS or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any GBHS domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by GBHS.
USE OF GBHS MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the GBHS Materials and User Content available on this Site subject to the following conditions:
- The GBHS Materials and User Content may be accessed and used solely for personal, informational, non-commercial and internal purposes.
- The GBHS Materials and User Content may not be modified or altered in any way.
- The GBHS Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the GBHS Materials and User Content.
- You may not copy or distribute any graphics in the GBHS Materials or User Content apart from their accompanying text.
- You will not quote or display GBHS Materials or User Content, or any portions thereof, out of context.
- GBHS reserves the right to revoke the authorization to view, download and print the GBHS Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from GBHS.
- The rights granted to you constitute a license and not a transfer of title.
- GBHS Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
- Any GBHS Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
Use of the GBHS Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The rights specified above to view, download and print the GBHS Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by GBHS. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether GBHS Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
USE OF SHARED CONTENT
GBHS’S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site and Services, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant GBHS and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that GBHS is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that GBHS shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF USE
GBHS may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in GBHS’s sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by GBHS to you as a convenience and the inclusion of the links do not imply any endorsement by GBHS of any Linked Site. GBHS has no control of the Linked Sites and you therefore acknowledge and agree that GBHS is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that GBHS is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS
UNSOLICITED IDEA SUBMISSION POLICY
Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to GBHS for consideration via this Site and Services shall not be considered or accepted by GBHS, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
SPAM E-MAIL AND POSTINGS
ADVERTISEMENTS AND PROMOTIONS
GBHS may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that GBHS is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-GBHS advertisers on the Site or in connection with the Services or Materials.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain statements or information with respect to: (i) the projection of GBHS’s revenues, operating margin, income, tax rate, earnings per share, capital expenditures, dividends, share count, capital structure, or other financial items; (ii) the plans, objectives, or projections of GBHS for future operations, including those relating to the products or services of GBHS; (iii) GBHS’s future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements are based upon, or will be based upon, GBHS’s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. GBHS wishes to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially. For further details and information about factors relating to risks and uncertainties concerning the foregoing or GBHS in general, please refer to GBHS’s SEC filings. GBHS does not undertake an obligation to update forward-looking statements.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Great Blue Heron Software, LLC from its offices within the state of Florida, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Broward County and the United States District Court for the District of Florida with respect to such matters.