Depiction website Terms of Use

 Last updated: April 27, 2009
 

General

Depiction, Inc. (“Depiction”) welcomes you to our family of websites (“the Depiction Sites”). The Depiction Sites are a collection of web communities comprising discussion forums, blogs, data portals, document and information sharing, tools, download areas, and updates hosted by Depiction. The purpose of the Depiction Sites is to provide a forum for interested users of Depiction products, users of geographic visualization software, and participants in Depiction programs such as beta programs, user groups, and software advisory councils to exchange information and build virtual communities.
 

User’s Acceptance of Terms of Use

These Terms of Use shall govern your access, visits, and participation in the Depiction Sites. By using, visiting, or registering for a Depiction Sites account, you are subject to the Terms of Use. If you do not agree to all the Terms of Use, you should not access, visit or participate in the Depiction Sites. Depiction may occasionally change, modify, or update these Terms of Use at its sole discretion. When we post changes to the Terms of Use we will revise the “last updated” date at the top of the statement. You will be deemed made aware of, and will be subject to, the changes to the Terms of Use after the changes have been posted. No change shall apply to a party if there is a legal dispute of which Depiction had actual notice on the date of the change.
 

Registration

Some features of the Depiction Sites require you to open an account. If you wish to use these features you must provide current, accurate, and complete information about yourself during the account registration process. You also will choose a password and a user name. You are responsible for maintaining the confidentiality of your Depiction Sites password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You agree to notify Depiction immediately of any unauthorized use of your account or any other breach of security. Depiction 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 you knowledge. However, you could be held liable for losses incurred by Depiction or another party due to someone else using your account. You may not use anyone else’s account at any time without the permission of the account holder. Depiction reserves the right to refuse access to the Depiction Sites to anyone, at any time, without notice, and for any reason.
 

Privacy and Protection of Personal Information

See the Privacy Statement for Depictions policies on collection and use of your information.
 

Conduct

You must abide by the following rules of conduct:
  • Do not use the Depiction Sites for any purpose that is unlawful or prohibited by these Terms of Use. Do not use the Depiction Sites in any manner that could damage, disable, overburden or impair any Depiction server or network(s) connected to any Depiction server, or interfere with any other party’s use of the Depiction Sites.
  • Do not attempt to gain unauthorized access to the Depiction Sites, other accounts, or computer systems through hacking or any other means. Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Depiction Sites.
  • Do not post, publish, or distribute any infringing, defamatory, obscene or other unlawful material or information on the Depiction Sites.
  • Treat others in the community as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are offensive, controversial or divisive designed to provoke a negative response.
  • Do not use offensive language. If you have doubts about whether a particular statement might be offensive then do not post it.
  • Do not engage in disruptive activities such as persistent off-topic contributions or comments that might incite others users to violate these Terms of Use or participate in illegal activities.
  • Do not contribute, or otherwise make available, content that contains documents, images, photographs, software, data, or other material protected by intellectual property law (or by rights of privacy or publicity) unless you own or control the rights or have received the necessary consent to do the same.
  • Do not use any material or information, including images or photographs, which are made available through the Depiction Sites that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Do not contribute or upload any files that contain viruses, spyware, rootkits, Trojan horses, worms, malware, or other destructive features.
  • Do not use the Depiction Sites to spam other users, including sending identical and irrelevant submissions to many different forums, discussion groups, or mailing lists.
  • Do not advertise or offer to sell or buy any goods or services for any business purpose, unless such sub-community allows such messages.
  • Do not harvest or otherwise collect information about others, including email addresses.
  • Do not create a false identity or impersonate any other person on the Depiction Sites, including Depiction employees or agents.
  • Do not misrepresent the source of anything you contribute.
  • Any space provided to you in the Depiction Sites is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
  • You are responsible and liable for all your activities while participating in the Depiction Sites, including anything you contribute.
  • Do not rely on the Depiction Sites for the safe storage of any materials such as documents, data, photos, and software. The Depiction Sites are not designed as the primary place to store these materials and Depiction is not responsible for the deletion, alterations, or loss of these materials. Keep a copy of any materials that you contribute to the Depiction Sites.
  • Some users may post content which includes Internet website links. Depiction is not responsible for the content on the websites associated with these links. Similarly, some users may post pointers to web data sources on the Depiction portal site. Depiction is not responsible for the content or accuracy of the web data sources associated with these pointers.
  • You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Depiction Sites. The decision to share information, use information, or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.

Depiction is under no obligation to monitor the Depiction Sites. However, Depiction reserves the right to review materials posted to the Depiction Sites and to remove any materials in its sole discretion. Depiction reserves the right to terminate your access to any or all of the Depiction Sites at any time, without notice, for any reason whatsoever.

Contributions

There are opportunities for you as a user of the Depiction Sites to actively participate by sharing, providing, creating, and uploading information to the Depiction Sites such as comments, data, articles, documents, discussion forum threads, blog entries, URL links, pointers to web data sources, computer code, such as software samples code, source code, Depiction behaviors, scripts, patches, bug fixes, binaries or executables, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, or other information (collectively “Contributions”). Contributions in the Depiction Sites are subject to the Terms of Use. Depiction assumes no responsibility or liability over the sharing of Contributions among users.
Any contribution provided by you to the Depiction Sites may be editable and freely used by Depiction and other users. Depiction shall have the right to retain and use Contributions, in edited or unedited form, for any purpose in any way including but not limited to re-posting to other areas of the Depiction Sites, by using Contributions in current or future products or services, or even give or sell your Contributions to others. Therefore, do not upload or post Contributions to the Depiction Sites unless you agree to these Terms of Use. Depiction is under no obligation to post or use any Contribution provided by users and Depiction may remove any Contribution at any time at its sole discretion for any reason.
 

Contributions Ownership, Rights and Liabilities

Depiction does not claim ownership of any Contribution that you or other users post, upload, submit, or otherwise provide to the Depiction Sites. By providing Contributions to the Depiction Sites, you grant to Depiction a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such Contributions and derivative works. Additionally, by providing Contributions to the Depiction Sites, you grant to Depiction a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant Depiction and all users of the Depiction Sites the permission to use your Contributions in other areas of the Depiction Sites and for other commercial or noncommercial uses. No compensation will be paid with respect to the use of your Contributions.
In order to grant Depiction and other users of the Depiction Sites the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions provided or shared to the Depiction Sites and that your Contributions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Contributions to the Depiction Sites that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Contributions.
By uploading Contributions to the Depiction Sites, you warrant that you are not uploading viruses, spyware, rootkits, worms, malware, or other malicious, illegal or unlawful code which could interrupt, destroy, or limit the functionality of any software or hardware.
All contributions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Contributions you use, access, or download. Depiction expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. In no event will Depiction be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Contributions.
All Contributions are deemed to be provided on a non-confidential basis. Depiction is under no obligation to and does not control the Contributions created, provided or uploaded to the Depiction Sites. The nature of some Contributions may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. Depiction reserves the right to take down or remove Contributions that are flagged by users or deemed by Depiction as objectionable. However, Depiction is under no duty to take down or remove any Contributions.
 

Disclaimer

THE DEPICTION SITES AND ALL CONTRIBUTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEPICTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEPICTION MAKES NO WARRANTY THAT THE DEPICTION SITES WILL MEET YOUR REQUIREMENTS, THE DEPICTION SITES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DEPICTION SITES OR ANY CONTRIBUTION WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY SOFTWARE OR CONTRIBUTION OBTAINED THROUGH THE DEPICTION SITES WILL MEET YOUR EXPECTATIONS. THE INFORMATION FOUND ON THE DEPICTION SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
ANY CONTRIBUTIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEPICTION SITES IS DONE AT YOUR OWN DISCRETION AND RISK. DEPICTION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR INACURATE COMPUTATIONS THAT RESULTS FROM THE USE OF THE DEPICTION SITES, DOWNLOAD, OR USE OF CONTRIBUTIONS.
IN NO EVENT SHALL DEPICTION OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE DEPICTION SITES OR CONTRIBUTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEPICTION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DEPICTIONS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE DEPICTION SITES OR YOUR USE OF CONTRIBUTIONS REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED ONE U.S. DOLLAR ($1).
 

Indemnification

If Depiction and/or its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to your use of the Site, you agree to indemnify and hold Depiction free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees.

 

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