Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms and our DataLucent Inc. Terms of Service (“Terms”). Any terms not defined herein are as defined in the Terms. You agree that you are responsible for your own conduct and communications, Your Data, and Your Identity while using the Service and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- engage in personal attacks of any kind against any member of the DataLucent community;
- post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
- engage in inappropriate or excessive flagging or rating of Content;
- download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any DAA, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by DataLucent;
- create accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
- engage in “ad slamming” of any nature, including the repeated clicking on advertisements to increase potential earnings to you, to increase potential costs to an advertiser, or for any reason other than viewing an advertisements as a potential consumer.
While DataLucent prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
DataLucent’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software and/or DAAs used in connection with the Service (“Software”), unless clearly marked as “open source” contain proprietary and confidential information that is the property of DataLucent and its licensors and is protected by applicable intellectual property and other laws. Except as expressly authorized by DataLucent, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DataLucent grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DataLucent for use in accessing the Service.
DataLucent, datalucent.com, and the DataLucent logo are trademarks and service marks of DataLucent and other DataLucent logos, product and service names are trademarks and service marks of DataLucent (collectively, the “DataLucent Marks”). You agree not to display or use in any manner, the DataLucent Marks without our permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DataLucent respects the intellectual property of others, and we ask our users to do the same. DataLucent may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the Company immediately at firstname.lastname@example.org with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.