Terms of Service
Last updated: June 1st, 2015
These products and services (“Services”) are provided by Silicon Valley Software Group, LLC (“SVSG”). These Terms of Services (“Terms”) govern your access of SVSG’s website (“Site”) and your use of SVSG’s Services.
ATTENTION: USING THE SITE AND SERVICES INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES OR THE SITE.
Using Our Services
You agree that your computer meets the minimum requirements necessary to use our Services. You must use a modern browser of the latest stable version. Supported and tested browsers are: Google Chrome, Safari, Firefox, Internet Explorer 8. Compatibility of the Site with outdated browsers is not guaranteed. Screen resolution of at least 1366px*768px is recommended for normal use of the site.
Proprietary Rights and Licenses
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by SVSG or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or other content available on the Site, in whole or in part.
Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Site or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms.
All materials on the Site and our Services, including the term “SVSG”, the SVSG logos, products, services, branding, trade dress, trade names, design, text, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of SVSG, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, modified, distributed, reproduced, or used, in whole or in part, without our prior written permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners. SVSG reserves all rights not expressly granted hereunder.
Our Acceptable Use Policy governs your use of the Site and our Services, and is incorporated into these Terms. By using our Services and accessing our Site, you consent to our Acceptable Use Policy.
Your access of the Site and use of the Services will require a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and your account and for ensuring that only authorized individuals have access to your account. SVSG will work to protect the security of your account and password but SVSG cannot guarantee absolute security of your account or the personal information you provide, and we cannot promise that our security measures will prevent thirdparty hackers from illegally accessing the Site or the contents on the Site. You agree to immediately notify SVSG of any compromise or unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the data or information you provide to SVSG. SVSG reserves the right to delete or change a password at any time and for any reason.
The Site, the Services and all related materials, products, and information are provided on an “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind, and SVSG MAKEs NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE SERCURITY, ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, THE SERVICES OR ANY RELATED MATERIALS, TOOLS, PRODUCTS, OR INFORMATION. UNDER NO CIRCUMSTANCES WILL SVSG BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SVSG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, SVSG DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THIS SITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF SVSG FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED U.S. $100.
You agree to indemnify and hold harmless SVSG, and all of its officers, directors, shareholders, employees, agents, successors and assigns, from and against any claims, demands, damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of your use of the Site or Services or any breach by you of these Terms.
Content Submitted to the Site
SVSG welcomes your feedback and suggestions about how to improve this Site. SVSG does not claim ownership of the information or content, including any ideas, suggestions, information, knowhow, material, or any other content you may submit or make available for inclusion on the Site (collectively, “Submissions”). However, with respect to the Submissions you submit or make available for inclusion on the Site, you grant SVSG a worldwide, royaltyfree, perpetual, irrevocable, nonexclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) for the purposes of promoting the Site and providing the features and services available on the Site.
This Site is controlled by SVSG from its offices within the United States of America. SVSG makes no representation that any content in the Site or the Site is appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. Any action related to the Site, or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof.
Any dispute, controversy or claim arising out of or relating to these Terms, including any disputes relating to the content of Site, shall be finally resolved by arbitration in Sam Mateo County in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in San Mateo County, California for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees.
These Terms will take effect when you first commence using the Site. You agree that SVSG may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Termination of your account may include (x) removal of access to all offerings of Services within the Site, (y) deletion of your information, files and content associated with or inside your account, and (z) barring your further use of the Site. You agree that all terminations for cause shall be made in SVSG's sole discretion and that SVSG shall not be liable to you or any third party for any termination of your account or access to the Site.
Notice for California Residents.
Under California Civil Code Section 1789.3, SVSG is required to provide the following information: (a) The provider of this Site is Silicon Valley Software Group, LLC. 180 Sansome Street, Floor 4, San Francisco, CA 94104, 1(800) 9467874; (b) if this Site charges for Services, pricing information will be posted as part of the ordering process for the Services; and (c) Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 4451254 or (800) 9525210.
SVSG complies with the Digital Millennium Copyright Act (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you may send SVSG a notice requesting that SVSG remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send SVSG a counternotice. Notices and counternotices must meet the thencurrent statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counternotices should be sent to email@example.com. We suggest that you consult your legal advisor before filing a notice or counternotice.
As of June 1st, 2015
We encourage you to read this policy carefully. If you have any questions or comments, you may contact us by sending us an e-mail at firstname.lastname@example.org or by writing us at:
Silicon Valley Software Group, LLC
Attn: Privacy Issues.
180 Sansome Street, Floor 4
Sant Francisco, CA 94104
We may update this policy from time to time. Any changes made to our policy will be reflected in an updated policy posted on our web site and denoted by an effective date later than the date identified above.
Collection of personal information
In order to provide our full range of services and the best customer experience, we may collect the following types of information:
User Information. Some aspects of our web site allow you and/or require you to submit personal information to us via internet browser based forms or by sending us an e-mail. Such personal information may include, but is not limited to, your name, mailing address, e-mail address, telephone number, photo, bank and/or credit card account information, other payment service information and other demographic information. We may retain some or all of such information in order to process requests from you, respond to communication and/or to improve our service. When you register for an account you may also be asked to create a password for access to certain parts of our web site. We may also communicate with you through certain newsletters and promotional e-mails based on your personal information. You may review and request changes to your personal information stored on our active systems by logging onto your account (if you registered on our web site) or by contacting us at the e-mail or mailing address above.
Logs. By accessing our web site and hosting services, our internet servers automatically record information your internet browser sends when you visit a web site. These logs may contain information such as your internet protocol (IP) address, browser version, domain name, language, date and time, the referring web site and information in your cookie files (see below for more information regarding cookie files). Through your use of certain aspects of our web site, we also may collect transactional information based on your activity on our web site. Such information may include logs of comments, content generation, account related activities on the web site, and correspondence through the web site with us and with other users of the web site.
Use and sharing of your personal information
We will use your personal information for (i) providing our services or information about our services to you, (ii) analysis in order to improve our services and operations, (iii) research and product development, (iv) protecting our rights and the rights of our users and (iv) the specific reasons outlined on our web site when we collect your information. If we use your information for a purpose different from those outlined above, we will ask for your consent prior to such use. You may choose to opt-out of such use at such time.
We will not share your personal information with third parties unless we have your consent or unless we have a good faith belief we are required to share such information to (i) comply with applicable law, (ii) prevent fraud, (iii) protect the rights, property or personal safety of Silicon Valley Software Group, LLC, its officers, directors or employees, our users and the public. We may share certain aggregated, non-personal information collected from you (such as your browser type) with third parties in order to improve our services, but such information will not be sufficient to individually identify you. We will not share your personal information to third parties for marketing purposes without your consent. If you give us your consent for such sharing, but later decide to revoke such consent, you may change your preferences by logging onto your account on our system or by contacting us at the e-mail or mailing address above.
Security of your personal information
We take reasonable measures to identify and prevent unauthorized access to our systems and disclosure of your personal information. We use secure server software (SSL) encryption for certain of our services and reasonable other security measures for the remainder of our web site. We also restrict access to your personal information to only those persons who need to know the information in order to perform the services we offer. Your personal information may be stored on computer systems maintained by an agent or service provider of Silicon Valley Software Group, LLC, each of which will be bound by agreement to protect the confidentiality of your personal information. Our computer systems are located in the United States of America, but the computer systems of our service providers may be located in another country. We therefore may transmit your personal information outside the United States of America. In the event of dissolution or bankruptcy, all Personally Identifiable Information will be destroyed. Personal information may be disclosed to judicial or other government agencies subject to warrants, subpoenas, or other governmental orders.
Protection of Children
Our web site is not designed or directed for use by children. If we become aware a person under the age of 18 has provided us personal information, we will discontinue the use of such information and remove it from our systems. We do not knowingly collect personally identifiable or demographic information form children under the age of 18.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by emailing us at email@example.com
ACCEPTABLE USES POLICYYou agree to use the services provided by Silicon Valley Software Group, LLC (“SVSG”) only for lawful purposes, in compliance with all applicable law. Specific activities that are prohibited include, but are not limited to:
- Threatening harm to persons or property or otherwise harassing behavior.
- Violating export control laws for software or technical information.
- Misrepresenting or fraudulently representing products/services using your account.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation.
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
- Facilitating, aiding, or encouraging any of the above activities, whether using SVSG's network or service by itself or via a third party's network or service.
- Interference with a third party's use of SVSG's network or service, or ability to connect to the Internet or provide services to Internet users.
Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. You will not use another site's mail server to relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside the SVSG network.System and Network Security
You are prohibited from utilizing SVSG services to compromise the security or tamper with system resources or accounts on computers at your premises or at any third party site. Specific activities that are prohibited include, but are not limited to:
- Use or distribution of tools designed for compromising security.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
SVSG, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this policy could also subject you to criminal or civil liability. If SVSG believes, in its sole discretion, that a violation of this policy has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to your equipment, and the suspension or termination of your services under. SVSG may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
SVSG reserves the right to modify this policy at any time without notice.