08/2006
Terms of Use and Acceptance:
Acceptance of Terms of Use
The services and information that ASGi provides
to you are subject to the following Terms of Use. ASGi reserves
the right to update the Terms of Use at any time without notice
to you.
Terms of Use
ASGi, Inc. provides you with access to a variety
of resources, including access to other sites, communication forums
and product information. ASGi, Inc. nor any affiliate, Strategic
Business Partner nor Member warrants the work or services of another.
Unless otherwise specified, any services, including
content delivered by any means, is for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from , transfer,
or sell any information, products or services obtained from ASGI,
Inc.
Permission to use Publically Accessible Documents
(such as Guidelines, Special Reports and FAQs and excludes materials,
of any nature, distributed for "Members Only") ) is granted,
provided that (1) the copyright (noted below) appears in all copies
and that both the copyright notice and this permission notice appear,
(2) use of such Publically Accessible Documents from ASGi is for
informational and non-commercial or personal use only and will not
be copied or posted on any network or broadcast in any media and
(3) for any mass distribution (10 or more copies, individually or
collectively reproduced and distributed) 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.
ASGi AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ASGI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM 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 SHALL ASGi 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 SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ASGi AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
As a condition of your use of ASGi's website, documentation,
training or other services or resources, you will not use these
services for any purpose that is unlawful or prohibited by these
terms, conditions and notices.
Membership requires that you open an account, and
must complete a registration process by providing us with current,
complete and accurate information as prompted by the application
form. You will also choose a password and user name. You are entirely
responsible for maintaining the confidentiality of your password
and account. ASGi reserves the right to reset your password and
username if found to be offensive or if security issues are and
username if found to be offensive or if security issues arise and
require ASGi to determine a change is required. Furthermore, you
are entirely responsible for any and all activities that occur under
your security. ASGi will not be liable for any loss that you may
incur as a result of someone else using your password and username
or account, either with or without your knowledge. However, you
could be held responsible for losses incurred by ASGi, Inc. 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.
ASGi Online Services may contain e-mail services,
bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable you
to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use
the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as
a limitation, you agree that when using the Communication Services,
you will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
• Upload, or otherwise make available, files
that contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same.
• Use any material or information, including
images or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or property of another.
• Advertise or offer to sell or buy any goods
or services for any business purpose, unless such Communication
Services specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion thereof.
ASGi has no obligation to monitor the Communication
Services. However, ASGi reserves the right to review materials posted
to the Communication Services and to remove any materials in its
sole discretion. ASGi reserves the right to terminate your access
to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
ASGi reserves the right at all times to disclose
any information as ASGi deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in ASGi's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. ASGi does not control or endorse the content,
messages or information found in any Communication Services and,
therefore, ASGi specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts
are not authorized ASGi spokespersons, and their views do not necessarily
reflect those of ASGi, Inc. or any affiliate.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO ASGI OR POSTED AT ANY ASGI
WEB SITE.
ASGi does not claim ownership of the materials
you provide to ASGi (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services
for review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting ASGi, its
affiliated companies and necessary sub-licensees permission to use
your Submission in connection with the operation of their businesses
(including, without limitation, all ASGi Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission;
and the right to sub-license such rights to any supplier of the
Services.
No compensation will be paid with respect to the
use of your Submission, as provided herein. ASGi is under no obligation
to post or use any Submission you may provide and ASGi may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical 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 of Use and the
Services, (b) you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, 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 of Use, including,
by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, you
are granting (a) to all members of your private community (for each
such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission to
use your Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example,
and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached to such Images,
and the right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time you completely
remove such Images. No compensation will be paid with respect to
the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ASGi'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ASGi AND ASGi
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
ASGI IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. ASGI IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY ASGi OF THE SITE.
ASGi,Inc. Copyright © 2006. All Rights Reserved.
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