Veriam: Website Terms of Use

Acceptance of Terms

The services that Veriam provides to you on this web site are subject to the Terms of Use (“TOU”) as defined in this Terms of Use document.  Veriam reserves the right to update the TOU at any time without notice to you.  The most current version of the TOU may be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Veriam web pages. 

Description of Services

Through our web site and our network of web partners, Veriam may you with access to a variety of resources, including white papers, tools, download areas, communication forums and product information (collectively “Public Web Services”) at our sole discretion.  The Public Web Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these TOU.  By using the Veriam Web site, you agree to all terms of use defined herein.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Public Web Services are for your personal and no-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Public Web Services.

Privacy and Protection of Personal Information

See the Veriam Privacy Policy for information regarding the collection and use of personal information.

Notice Specific to Software Available on the Veriam Web Site

Any software that is made available for download from the Public Web Services (“Software”) is the copyrighted work of Veriam, unless otherwise specified.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).  An end user will be unable to install any Software that is accompanied by, or includes, a License Agreement, unless that user first agrees to the License Agreement terms.  The Software is made available for download solely for use by end users according to the License Agreement.  Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties.

Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPNYING SUCH SOFTWARE OR LEGALLY EXECUTED SEPARATELY BETWEEN YOU AND VERIAM.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.  EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VERIAM TECHNOLOGIES, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  AT OUR SOLE DISCRETION, VERIAM MAY MAKE AVAILABLE AS PART OF THE PUBLIC WEB SERVICES OR IN OUR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.  VERIAM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.  PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILTIES MADE AVAIALABLE ON THE PUBLIC WEB SERVICES OR IN VERIAM SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND.  Any Software that is downloaded from the Public Web Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is Veriam Technologies, Inc., 1999 Carolina Ave NE, St. Petersburg, FL 33703.

Notice Specific to Documents Available on the Veriam Web Site

Permission to use Documents (including whitepapers, litepapers, newsletters, press releases, fact sheets, and other information) from the Public Web Services is granted, provided that (1) the copyright notice below appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Public Web Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any Documents are made.  Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Veriam web site.  Elements of Veriam’s web site are protected by trademark, trade dress, and other laws and may not be copied or imitated in whole or in part.  No logo, graphic, sound or image from the Veriam web site may be copied or retransmitted unless expressly permitted by Veriam.

Veriam AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.  ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  VERIAM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITIY, WEHTHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  IN NO EVENT SHALL VERIAM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.  THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INNACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  VERIAM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Documents and Services Available on this Web Site

IN NO EVENT SHALL VERIAM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Visitor Account, Password, and Security

For any of the Public Web Services that requires you to create an account (e.g. whitepapers and demo accounts), you must complete the registration process by providing Veriam with current, complete and accurate information as prompted by the applicable registration form.  You must also choose a user name and password, as directed.  You are entirely responsible for maintaining the confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  You agree to notify Veriam immediately of any unauthorized use of your account or any other breach of security.  Veriam will not be liable for any loss that you may incur as a result of someone else using your password, user name, or account, either with or without your knowledge.  However, you could be held liable for losses incurred by Veriam or another party due to someone else using your account, password, or user name.  You may not use anyone else’s account or account information at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Public Web Services, you will not use the Public Web Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Public Web Services in any manner that could damage, disable, overburden, or impair any Veriam server, or the network(s) connected to any Veriam server, or interfere with any other party’s use of any Public Web Services.  You may not attempt to gain unauthorized access to any Public Web services, other accounts, customer services, computer systems or networks connected to any Veriam server or to any of the Public Web Services, through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Public Web Services.

Use of Services

The Public Web Services may contain email services, forums, news groups, chat areas, online communities, personal and third-party web pages, calendars, photos, graphics, diagrams, data base information, files, documents, and/or other communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.  By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, including but not limited to software and software licenses, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or 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 the Communication Services or causing any other user discomfort while using 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 email addresses.
  • Violate any laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

 

Veriam has no obligation to monitor the Communication Services.  However, Veriam reserves the right to review materials posted to the Communication Services and to remove any materials in our sole discretion.  Veriam reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Veriam reserves the right at all times to disclose any information as Veriam deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to pose, or to remove any information or materials, in whole or in part, in Veriam’s sole discretion.  Always use caution when giving out any personally identifiable information about yourself or others in any Communication Service.  Veriam does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Veriam specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Veriam employees and hosts participating in the Communication Services are not authorized Veriam spokespersons, and their views do not necessarily reflect those of Veriam.

Materials uploaded to the Communications Services 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 Veriam or Posted on the Veriam Web Site

Veriam does not claim ownership on the materials you provide to Veriam (including feedback and suggestions) or post, upload, input or submit to any Public Web Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” or collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission(s), you are granting Veriam, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including without limitation all Veriam Public Web Services and customer services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of any Veriam Pub Web Service or any Veriam customer service.  No compensation will be paid with respect to the use of your Submission, as provided herein.  Veriam is under no obligation to post or use any Submission you may provide and Veriam may remove any Submission at any time in our sole discretion.

By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to you Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  In addition to the warranty and representation set forth above, by Posting a Submission that contains images, drawings, graphics, charts, graphs, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images , or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Public Web Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in thse Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.  By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Public Web Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, any of the Public Web Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Public Web Services or other entity.  The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Public Web Services, provide that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images.  No compensation will be paid with respect to the use of your images.

Third-Party Sites:

Veriam’s web site contains links to other web sites.  Veriam is not responsible for the privacy practices or the content of the other web sites.  Customers and visitors must check the privacy policies of these third-party sites to understand their policies.  Customers and visitors who access a third-party site may be disclosing their private information.  It is your responsibility to keep such information private and confidential.  Veriam is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Veriam.

Unsolicited Idea Submission Policy

Veriam or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or product names, components, algorithms, or business plans or strategies.  Please do not send, email, post, relay verbally, text message or otherwise communicate (collectively “Communicate”) any original create artwork, samples, demos, or other works.  The sole purpose of this policy is to avoid potential misunderstandings or disputes when Veriam’s products or marketing strategies might seem similar to ideas submitted to Veriam.  So, please do not Communicate your unsolicited ideas to Veriam or anyone at Veriam.  If, despite our request that you not Communicate to us your ideas and materials, you still Communicate them, please understand that Veriam makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Questions and Additional Information:

Questions regarding this Terms of Use, or the practices of Veriam, should be directed to Veriam by emailing support@veriam.com or info@veriam.com, or by regular mail addressed to Veriam Technologies, Inc., Attn: Terms of Use Administrator, 1999 Carolina Ave NE, St. Petersburg, FL 33703.

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