Applicability of Terms and Conditions. Access to and use of this web site is subject to the terms and conditions set forth herein and to all applicable laws and regulations. You, as a visitor to and user of this web site, accept such terms and conditions as a condition to the privilege of accessing the information made available herein and otherwise making use of the web site. These terms and conditions may be revised from time to time without further notice by updating this posting, and you accept responsibility for reviewing the applicable terms and conditions each time you visit or use this web site in the future.
Intended Purposes of Web Site. Proxor maintains this web site as a service to software developers, aspiring software developers, employers of software developers and other authorized users who may have an interest in Proxor, its services and/or the contents of this web site. The user instructions on the web site define the intended purposes for each feature of this web site.
Permitted Uses of Web Site. Many portions of this web site are available for public viewing and use, but you must register or enter into a separate agreement with Proxor to access other portions of the web site. Subject to these terms and conditions and the terms and conditions of any applicable license or other agreement, Proxor hereby grants you permission to:
(1) view and use for the intended purposes those portions of the web site to which we have granted you access;
(2) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this web site to which we have granted you access, provided you do not remove any copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it;
(3) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and
(4) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Proxor and other users of our products and services.
Prohibited Uses of Web Site. Except as expressly set forth under “Permitted Uses of Web Site,” to promote the integrity, reliability and security of this web site and the services we provide over this web site, any other use of this web site or its contents is prohibited without first obtaining written permission from Proxor. Without limiting the generality of the foregoing, users of this web site may not:
(1) make unsolicited offers or proposals or send junk mail to other users;
(2) harass, defame or defraud other users;
(3) knowingly damage or interfere with the operation of our services, any software that utilizes them, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code;
(4) disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services or software, features that enforce restrictions or limitations on use of our services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of our services or software;
(5) use our services to upload, or otherwise make available, files that contain images, photographs, software or other material protected by copyright, trademark or other intellectual property laws or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so;
(6) use our services to download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in this manner;
(7) access or use our services in violation of any local, state, national, or international law, regulation or order, including, without limitation, those governing the provision of financial services, data protection and privacy, and export or import control; or
(8) otherwise access or use this web site in violation of these terms and conditions or use our other services or our software in violation of any applicable license or service agreement or infringe any intellectual property right or misappropriate any intellectual property.
Consequences of Unacceptable Use. We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of these terms and conditions, any agreement pursuant to which you use our services or any software that utilizes them, or applicable law, but we do not assume any responsibility for such conduct or any obligation to act to prevent it or stop it after it has occurred. We disclaim all liability for failure or refusal to take action with respect to conduct prohibited by this policy or for delay in taking action if we choose to act. Without limiting the foregoing, we reserve the right to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.
User Accounts, Security and Passwords. If any service available to you on this web site requires you to register or open a user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a user name and/or password. 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, whether used by you or by someone who has obtained your account information from you. You must notify Proxor immediately of any unauthorized use of your account or any other breach of security. Proxor 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 your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
Accuracy of Information on Web Site. Proxor has attempted to include accurate and up-to-date information on this web site at the time of its initial posting and each updating, but makes no representations or warranties as to the accuracy or completeness of such information. Proxor undertakes no duty to supplement or update the information on this web site in the future, and any voluntary efforts by Proxor to do so will not constitute an undertaking of such a duty. Users of this web site accept all information made available herein “as is” without any representation or warranty. Proxor accepts no responsibility for any action taken by users of this web site or other persons based on the information presented herein. All access and use of this web site, and any and all content presented herein, is at the user's own risk.
Third-Party Statements and Opinions. Proxor is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor user postings to our forums or to remove or retain forum content, although we reserve the right to do so.
Risks of Internet Communications. Users of the Proxor web site understand that the Internet is a publicly accessible medium and that communications between users and Proxor over the Internet are inherently insecure, and may therefore be subject to the risk of being viewed by other parties. You accept all risks relating to any transmissions of information to Proxor over the Internet.
Outbound Linking. This web site may contain links to third-party web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the web site, the web site’s content, or any products or services available on or via the web site. Proxor does not control and is not responsible for linked web sites, or any web sites (other than our own) that are linked to them.
Inbound Linking, Framing, and Metatags. You may make referential links to any of the publicly accessible pages on this web site that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our web site. We do not accept responsibility for ensuring that any page to which you may provide a link will remain available or that its content will remain the same. You may not link to our web site in any way that might lead others to believe that our web site or any of its contents were created or are operated or offered by you or any party other than Proxor. Unless you have entered into a separate written agreement with us permitting you to do so, you may not frame or otherwise display any portion of our web site or any of its contents, nor may you place any text or other content on your web site, in a manner that states or implies that there is any association between you and Proxor. You may not use any of Proxor ’s trade names, trademarks or any of the textual content of our web site as metatags in your own web site, unless we have granted you a license explicitly permitting you to do so.
Proxor ’s Intellectual Property. Unless indicated otherwise, all contents of this web site are the private property of Proxor and/or its licensors, affiliates and other content providers, and Proxor and such persons reserve all rights with respect to this web site’s content. The content of this web site, including images, text, data, software, photographs, graphics, videos, music, sounds and other information, and the overall layout, look and feel of the web site, are protected by copyright, trade secret, trademark and other applicable intellectual property or privacy laws. Such contents may not be distributed, downloaded, reproduced, copied, displayed, transmitted, modified, reused, removed, reposted, incorporated into derivative works or otherwise used except as provided herein without the express written permission of Proxor. Any other use, or any misuse, of such contents is prohibited contractually by these terms and conditions and may violate applicable copyright, trademark, communications and other intellectual property or privacy laws.
Trade and Service Mark Usage. Proxor and its brand names and logos are trademarks and service marks of Proxor, Use of Proxor 's trademarks and service marks is subject to the terms and conditions of our trademark usage policy, which may be obtained from us on request. Other trademarks, product names, company names and logos appearing on this web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.
No Warranties. THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROXOR, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENTS, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THIS WEB SITE. Limitations on Types of Damages. NEITHER PROXOR NOR ANY OTHER PERSON INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF PROXOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF USER'S ACCESS, USE OR INABILITY TO USE THIS WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE SERVICES PROVIDED THROUGH THIS WEB SITE OR THE OTHER CONTENTS OF THIS WEB SITE. Limitations on Amount of Liability. IN NO EVENT WILL PROXOR AND ITS AFFILIATES BE LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE FOR MORE THAN 10,000 UNITED STATES DOLLARS (US$10,000), OR, IF SUCH LIMITATION ON LIABILITY IS UNENFORCEABLE UNDER APPLICABLE LAW, THEN THEIR AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Waiver. No delay or failure to take any action or exercise any right that Proxor may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Proxor.
Severability. If any part of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, then such declaration will not affect the validity of any remaining portion of these terms and conditions and such remaining portion will remain in full force and effect as if the invalid portion had been eliminated.
Dispute Resolution. This Agreement will be governed by, and construed and enforced in accord with, the laws of England, without regard to conflict of law principles in that or any other jurisdiction. Users waive any and all objections or defenses against such jurisdiction and venue and covenants not to bring any suit or other legal action against Proxor involving the foregoing in any other jurisdiction, venue or forum.