Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the NetPiano
web site located at www.NetPiano.com, and all associated sites linked to
www.NetPiano.com by NetPiano, its subsidiaries and affiliates, including
NetPiano sites around the world (collectively, the “Site”). The Site is the
property of NetPiano and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE, DO NOT USE THE SITE.
NetPiano reserves the right, at its sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your continued use of the
Site following the posting of changes will mean that you accept and agree to
the changes. As long as you comply with these Terms of Use, NetPiano grants you
a personal, non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to NetPiano or its
affiliates, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, Web site or other medium
for publication or distribution or for any commercial enterprise, without
NetPiano’s express prior written consent.
You may use information on NetPiano products and services (such as data sheets,
help desk articles, and similar materials) purposely made available by NetPiano
for downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. NetPiano reserves the right to bar any such
activity.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to any
NetPiano server, or to any of the services offered on or through the Site, by
hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the
Site, or any other customer of NetPiano, including any NetPiano account not
owned by you, to its source, or exploit the Site or any service or information
made available or offered by or through the Site, in any way where the purpose
is to reveal any information, including but not limited to personal
identification or information, other than your own information, as provided for
by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or NetPiano’s
systems or networks, or any systems or networks connected to the Site or to
NetPiano. NetPiano reserves the right to limit the quantity of songs downloaded
by any subscriber at any time.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to NetPiano on or
through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of NetPiano or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these Terms of
Use by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service.
NetPiano’s obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.
NetPiano may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time,
without notice. The materials on the Site with respect to products and services
may be out of date, and NetPiano makes no commitment to update the materials on
the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to
open an account (including setting up an NetPiano ID and password). You are
entirely responsible for maintaining the confidentiality of your account
information, including your password, and for any and all activity that occurs
under your account. You agree to notify NetPiano immediately of any
unauthorized use of your account or password, or any other breach of security.
However, you may be held liable for losses incurred by NetPiano or any other
user of or visitor to the Site due to someone else using your NetPiano ID,
password or account.
You may not use anyone else’s NetPiano ID, password or account at any time
without the express permission and consent of the holder of that NetPiano ID,
password or account. NetPiano cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
Privacy
NetPiano’s Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference. Additionally, by using the Site,
you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information you send to
the Site may be read or intercepted by others, even if there is a special
notice that a particular transmission (for example, credit card information) is
encrypted.
Links to Other Sites and to the NetPiano Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under NetPiano’s control, and NetPiano is
not responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You will
need to make your own independent judgment regarding your interaction with
these Linked Sites.
Disclaimers
NetPiano DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF
THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE
AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NetPiano
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NetPiano DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NetPiano DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR
ANY NetPiano SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NetPiano FOR DISSATISFACTION
WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use,
whether for breach of contract, tort, negligence or any other cause of action.
NetPiano reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site,
or any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or other
changes.
Limitation of Liability
Except where prohibited by law, in no event will NetPiano be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if NetPiano has been advised of the possibility of
such damages.
If, notwithstanding the other provisions of these Terms of Use, NetPiano is
found to be liable to you for any damage or loss which arises out of or is in
any way connected with your use of the Site or any Content, NetPiano’s
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of or on
the Site paid in the six months prior to the date of the initial claim made
against NetPiano (but not including the purchase price for any hardware or
software products or any maintenance or similar support program), or (2)
US$100.00. Some jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold NetPiano, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability, claims
or expenses (including attorneys’ fees), made against NetPiano by any third
party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
NetPiano may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) NetPiano’s rights
or property, or the rights or property of visitors to or users of the Site,
including NetPiano’s customers. NetPiano reserves the right at all times to
disclose any information that NetPiano deems necessary to comply with any
applicable law, regulation, legal process or governmental request. NetPiano
also may disclose your information when NetPiano determines that applicable law
requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that NetPiano may preserve any transmittal or
communication by you with NetPiano through the Site or any service offered on
or through the Site, and may also disclose such data if required to do so by
law or NetPiano determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of NetPiano, its employees,
users of or visitors to the Site, and the public.
You agree that NetPiano may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site
if we determine that you have violated these Terms of Use or other agreements
or guidelines which may be associated with your use of the Site. You also agree
that any violation by you of these Terms of Use will constitute an unlawful and
unfair business practice, and will cause irreparable harm to NetPiano, for
which monetary damages would be inadequate, and you consent to NetPiano
obtaining any injunctive or equitable relief that NetPiano deems necessary or
appropriate in such circumstances. These remedies are in addition to any other
remedies NetPiano may have at law or in equity.
You agree that NetPiano may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies, (2) a
request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If NetPiano does take any legal action against you as a result of your
violation of these Terms of Use, NetPiano will be entitled to recover from you,
and you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to NetPiano. You agree that NetPiano
will not be liable to you or to any third party for termination of your access
to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States and
by the laws of the State of California without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the state
and federal courts in Orange County, California, and waive any objection to
such jurisdiction or venue. Any claim under these Terms of Use must be brought
within one (1) year after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to
costs and attorneys’ fees. In the event of any controversy or dispute between
NetPiano and you arising out of or in connection with your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any such dispute.
If we are unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy available to them under
applicable law.
Void Where Prohibited
NetPiano administers and operates the www.NetPiano.com Site from various
locations inside and outside the United States. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in
all geographic locations, or appropriate or available for use outside the
United States. NetPiano reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service to any person or
geographic area. Any offer for any feature, product or service made on the Site
is void where prohibited. If you choose to access the Site from outside the
United States, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of
such Content, or any product or service offered on the Site, in violation of
any applicable laws or regulations, including without limitation United States
export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced
with a valid provision that best embodies the intent of these Terms of Use, so
that these Terms of Use shall remain in full force and effect. These Terms of
Use constitute the entire agreement between you and NetPiano with regard to
your use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and NetPiano with respect to
such use are hereby superseded and cancelled. NetPiano will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. NetPiano’s failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by
NetPiano of any provision or any right it has to enforce these Terms of Use,
nor shall any course of conduct between NetPiano and you or any other party be
deemed to modify any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies on any third
parties.
Use of the NetPiano Logo for commercial purposes without the prior written
consent of NetPiano may constitute trademark infringement and unfair
competition in violation of federal and state laws. Use of NetPiano trademarks
may be prohibited, unless expressly authorized.
Copyright Information
A copyright is a property right in an original work of authorship. Copyright is
recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself.
Copyrightable expressions can take many forms but are usually categorized as
literary, musical, dramatic, pantomime and choreography, pictorial, graphic,
sculptural, computer programs, motion pictures, and sound recordings.
To report claims of copyright infringement, please email
Contact Us
Rights and Permissions
If you have any questions concerning the usage or licensing of NetPiano
copyrighted materials, for example, photographs, video footage, NetPiano
advertisements or other NetPiano materials, please submit your detailed request
in writing. Please be sure to include any surrounding copy or text to the
NetPiano material.
Requests may be emailed to
Contact Us.
Piracy Prevention
NetPiano actively and aggressively enforces its intellectual property rights to
the fullest extent of the law. NetPiano works with the Software Publishers
Association (SPA) and the Business Software Alliance (BSA) to combat software
piracy worldwide.
NetPiano's Unsolicited Idea Submission Policy
NetPiano or any of its employees do not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new or improved
products or technologies,product enhancements, processes, materials, marketing
plans or new product names. Please do not send any original creative artwork,
suggestions or other works. The sole purpose of this policy is to avoid
potential misunderstandings or disputes when NetPiano's products or marketing
strategies might seem similar to ideas submitted to NetPiano. So, please do not
send your unsolicited ideas to NetPiano or anyone at NetPiano. If, despite our
request that you not send us your ideas, you still send them, then regardless
of what your letter says, the following terms shall apply to your idea
submission.
TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically become the property of
NetPiano, without compensation to you, and (2) NetPiano can use the ideas for
any purpose and in any way, even give them to others.
PRODUCT FEEDBACK
NetPiano does, however, welcome your feedback regarding many areas of
NetPiano's existing business. If you want to send us your feedback, and we hope
you do, we simply request that you send it to us via email at
Contact Us. Please provide only specific feedback on NetPiano's
existing products or marketing strategies; do not include any ideas that
NetPiano's policy will not permit it to accept or consider. It's just one more
way that NetPiano can learn how to best satisfy your needs.
Software and Documentation Information
Software
Use of the software from this site is subject to the software license terms set
forth in an NetPiano Computer, Inc. Software License. The software license
agreement is available for review whenever software is downloaded at this site.
Documentation
Any person is hereby authorized to: a) store documentation on a single computer
for personal use only and b) print copies of documentation for personal use
provided that the documentation contains NetPiano’s copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the NetPiano web
site is for informational purposes only and constitutes neither an endorsement
nor a recommendation. NetPiano assumes no responsibility with regard to the
selection, performance or use of these products or vendors. NetPiano provides
this only as a convenience to our users. NetPiano has not tested any software
found on these sites and makes no representations regarding the quality,
safety, or suitability of any software found there. There are dangers inherent
in the use of any software found on the Internet, and NetPiano assumes no
responsibility with regard to the performance or use of these products. Make
sure that you completely understand the risks before retrieving any software on
the Internet. All third party products must be ordered directly from the
vendor, and all licenses and warranties, if any, take place between you and the
vendor.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential.
NetPiano shall be free to use such information on an unrestricted basis.
Legal Contacts
Trademark:
If you have any questions concerning the usage or licensing of NetPiano
trademarks, contact the Trademark department by email at
Contact Us.
Patent:
If you have any questions concerning licensing of NetPiano patents, contact the
Patent department by email at
Contact Us.
Copyright:
If you have any questions concerning the usage or licensing of NetPiano
copyrighted materials, contact the Rights and Permissions/Copyright department
by email at
Contact Us.
Claims of Copyright Infringement:
NetPiano Computer, Inc. is registered with the United States Copyright Office
as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC
512). Notifications of claimed copyright infringement should be submitted
Contact Us.
The information contained in this web site is subject to change without notice.
Copyright © 2003 NetPiano. All rights reserved.
Updated by The NetPiano Legal Team on 9/25/03
Effective September 2003