AGREEMENT BETWEEN USER AND BRITERIS
The Briteris Web Site is comprised of various Web pages operated by Briteris.
The Briteris Web Site is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Briteris Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Briteris reserves the right to change the terms, conditions, and notices under which the
Briteris Web Site is offered, including but not limited to the charges associated with
the use of the Briteris Web Site.
LINKS TO THIRD PARTY SITES
The Briteris Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Briteris and Briteris
is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Briteris is not responsible for webcasting
or any other form of transmission received from any Linked Site. Briteris is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Briteris of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Briteris Web Site, you warrant to
Briteris that you will not use the Briteris Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Briteris Web Site in any manner which could damage,
disable, overburden, or impair the Briteris Web Site or interfere with any
other party's use and enjoyment of the Briteris Web Site. You may not obtain
or attempt to obtain any materials or information through any means not intentionally made available
or provided for through the Briteris Web Sites.
USE OF COMMUNICATION SERVICES
The Briteris Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- 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,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose
, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any 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, without their consent.
- Violate any applicable laws or regulations.
Briteris has no obligation to monitor the Communication Services.
However, Briteris reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
Briteris reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason whatsoever.
Briteris reserves the right at all times to disclose any information
as 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 Briteris's sole discretion.
Always use caution when giving out any personally identifying information about yourself
or your children in any Communication Service. Briteris does not
control or endorse the content, messages or information found in any Communication Service and,
therefore, Briteris specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Briteris spokespersons, and their views do not
necessarily reflect those of Briteris.
Materials uploaded to a Communication Service 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 BRITERIS
OR POSTED AT ANY BRITERIS WEB SITE
Briteris does not claim ownership of the materials you provide to
Briteris (including feedback and suggestions) or post, upload, input
or submit to any Briteris Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are granting
Briteris, its affiliated companies and necessary sublicensees permission to
use your Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Briteris is under no obligation
to post or use any Submission you may provide and may remove any Submission
at any time in Briteris's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE BRITERIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRITERIS
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRITERIS WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE BRITERIS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BRITERIS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE BRITERIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRITERIS AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRITERIS
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRITERIS WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE BRITERIS WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE BRITERIS WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE BRITERIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF BRITERIS OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRITERIS WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRITERIS WEB SITE.
SERVICE CONTACT : contact@briteris.com
TERMINATION/ACCESS RESTRICTION
Briteris reserves the right, in its sole discretion, to terminate your access to
the Briteris Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use
of the Briteris Web Site. Use of the Briteris Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Briteris as a result of this agreement
or use of the Briteris Web Site. Briteris's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of Briteris's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Briteris Web Site or information
provided to or gathered by Briteris with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user and Briteris
with respect to the Briteris Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the user and
Briteris with respect to the Briteris Web Site. A printed
version of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related documents
be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Briteris Web Site are:
Copyright [2012] Briteris and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.