Your Acceptance
By using the LogDirect.com or WidgetAvenue.com web site you are agreeing to be bound by the
following terms and conditions and any new versions hereof. If you do not agree
to any of these terms, then please do not use the LogDirect.com or WidgetAvenue.com Website
LogDirect.com Website
LogDirect.com is the owner and operator of the websites located at
http://www.logdirect.com and
http://www.widgetavenue.com and is
the provider of the services which are available to you through these sites. LogDirect.com hopes that you will enjoy
using its services, but doesn't make any specific promises
about them being able to work wonders for you, or about their reliability
or availability.
Intellectual Property
The content on the LogDirect.com Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks and logos contained therein ("Marks"), are owned
by LogDirect.com, subject to copyright and other intellectual property rights
under France and foreign laws and international conventions. Content on the
Website is provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. LogDirect.com reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of
the LogDirect.com Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the LogDirect.com
Website or the Content therein.
User Submissions
A. The LogDirect.com Website may now or in the future permit the
submission of contents submitted by you and other users ("User
Submissions") and the widgetization, hosting, sharing, and/or publishing of
such User Submissions. You understand that whether or not such User
Submissions are published, LogDirect.com does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (1) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
LogDirect.com to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and
these Terms of Service; and (2) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service. For
clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to
LogDirect.com, you hereby grant LogDirect.com a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use, reproduce,
distribute, submit to external directories, prepare derivative works
of, display, and perform the User Submissions in
connection with the LogDirect.com Website and LogDirect.com's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the LogDirect.com Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the LogDirect.com Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as
permitted through the functionality of the Website and under these Terms of
Service. The foregoing license granted by you terminates once you remove or
delete a User Submission from the LogDirect.com Website.
C. In connection with User Submissions, you further agree that you
will not: (1) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant LogDirect.com all
of the license rights granted herein; (2) publish falsehoods or
misrepresentations that could damage LogDirect.com or any third party; (3)
submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (4) post
advertisements or solicitations of business: (5) impersonate another person,
(6) contains a virus, cancelbot, trojan horse, worm or other harmful or
disruptive component. LogDirect.com does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein, and
LogDirect.com expressly disclaims any and all liability in connection with
User Submissions. LogDirect.com does not permit copyright infringing
activities and infringement of intellectual property rights on its Website,
and LogDirect.com will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. LogDirect.com reserves the right to remove
Content and User Submissions without prior notice. LogDirect.com will also
terminate a User's access to its Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice. LogDirect.com also reserves the right to
decide whether Content or a User Submission is appropriate and complies with
these Terms of Service for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length.
LogDirect.com may remove such User Submissions and/or terminate a User's
access for uploading such material in violation of these Terms of Service at
any time, without prior notice and at its sole discretion.
D. As for testing purposes, LogDirect.com itself may submit content of third
party websites. However, LogDirect.com does not claim any intellectual
property rights on these submissions and will remove all concerned
Content if properly notified that such Content infringes on another's
intellectual property rights
E. User Submissions are only for your personal use or for testing purposes. You will not use the
User Submissions for commercial purposes.
LogDirect.com offers similar services to commercial users that are governed
by different Terms of Service. Since you are provided with a “Personal Use
License,” you hereby represent and warrant that the contents you submit will not
sell, advertise, or otherwise promote revenue-bearing products or services
of any kind, or be used to administer or conduct the business of an
Institution in any way. Should you use the Software for any purposes
except as set forth herein, LogDirect.com shall have the irrevocable right to
charge you commercial rates for
your use and/or pursue any other remedies
available to LogDirect.com at law or in equity.
Termination
You agree that LogDirect.com may, under certain circumstances and without
prior notice, immediately terminate your LogDirect.com account and access to
the Service. Cause for such termination shall include, but not be limited to:
violations of the Terms & conditions or other incorporated agreements or
guidelines, requests by law enforcement or other government agencies, a
request by you (self-initiated account deletions), discontinuance or material
modification to the Service (or any part thereof), unexpected technical or
security issues or problems, extended periods of inactivity, engagement by you
in fraudulent or illegal activities, nonpayment of any fees owed by you in
connection with the Services. Termination of your LogDirect.com account
includes removal of your password and all related information, files and
content associated with or inside your account (or any part thereof), and
barring of further use of the Service. Further, you agree that all
terminations for cause shall be made in LogDirect.com's sole discretion and
that LogDirect.com shall not be liable to you or any third party for any
termination of your account, or access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LOGDIRECT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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. 2.
LOGDIRECT.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: THE SERVICE WILL MEET YOUR
REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM LOGDIRECT.COM OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOGDIRECT.COM
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF LOGDIRECT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
Modifications
LogDirect.com reserves the right to change these Terms of Use, its services
and prices at any time with no prior notice. You may subscribe to the
WidgetAvenue blog to get informed if these Terms of Use are changed.
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