 |
Home > Terms & Conditions
 |
The StickyMinds.com site (the
"Site") is an online information service provided by Software Quality
Engineering, Inc. ("SQE") and is subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. If you do not wish to be
bound by these terms and conditions, you may not access or use the Site. SQE may
modify this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement on the Site. You agree to
review the agreement periodically to be aware of such modifications and your
continued access or use of the Site shall be deemed your conclusive acceptance
of the modified agreement.
1. Copyright, Licenses, and Idea Submissions.
The entire contents of the Site are protected by US and international copyright
and trademark laws. The owners of the copyrights and trademarks are SQE, its
affiliates, its sponsors, or other third-party licensors. You may print and
download portions of the materials solely for your non-commercial use. Any other
copying, redistribution, publication or retransmission of any portion of Web
site material is strictly prohibited without the express written permission of
SQE or any third-party information provider to the Site. You agree not to change
or delete any proprietary notices from any materials downloaded from the Site.
You agree that any materials submitted as download-only files (i.e., files
submitted and disseminated through the Site as downloadable material in non-html
format) remain the copyright property of the submitter/author. The Site shall
have the right to freely promote and distribute such downloadable materials for
the duration of the time they are stored on the Site. For all other submissions
you agree to grant to SQE a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to republish, reproduce, distribute,
transmit, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site (such
as message boards, recommended links, templates, FAQs, etc.) or by email to SQE
by all means and in any media now known or hereafter developed. You also grant
to SQE the right to use your name and/or likeness in connection with the
submitted materials as well as in connection with all advertising, marketing,
and promotional material related thereto. You agree that you shall have no
recourse against SQE for any alleged or actual infringement or misappropriation
of any proprietary right in your submissions to the Site.
If you believe that material appearing on the Site constitutes copyright
infringement of another party's rights, contact SQE immediately in writing.
TRADEMARKS.
StickyMinds.com, and/or any other trademarks, servicemarks, or trade names
("Marks") of SQE or its publications, products, content, or services
referenced herein or on the Site are the exclusive Marks of SQE. Other product
and company names mentioned on the Site may be the trademarks of their
respective owners.
2. Use of the Site.
A paid membership to StickyMinds.com constitutes a personal, single-use,
transferable license to designated material on the site. For information
regarding transferring a license, contact Customer
Service. You understand that, except for information, products, or services
clearly identified as being supplied by SQE, SQE does not operate, control, or
endorse any information, Products, or services on the Internet in any way.
Except for SQE-identified information, products, or services, all information,
products, and services offered through the Site or on the Internet generally are
offered by third parties that are not affiliated with SQE. You also understand
that SQE cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses, worms, Trojan
horses, or other code that manifests contaminating or destructive properties.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO
SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND
FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST
DATA.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. SQE PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND SQE SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND
OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SQE
DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SITE WILL BE CORRECTED.
IN NO EVENT WILL SQE BE LIABLE FOR ANY (I) INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF SQE OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SQE'S LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The opinions expressed within the articles and contents herein do not
necessarily express those of SQE or the publisher. SQE makes no representations
whatsoever about any other Web site, which you may access through this one or
which may link to this Site. When you access a non-SQE Web site, please
understand that it is independent from SQE, and that SQE has no control over the
content on that Web site. In addition, a link to an SQE Web site does not mean
that SQE endorses or accepts any responsibility for the content, or the use, of
such Web site.
StickyMinds.com is not responsible for the
privacy practices of any Web site linked to or from the Site. Some advertisers
use third-party companies to serve their advertisements on the Site and, in some
cases, in HTML-formatted newsletters. StickyMinds.com and SQE are not
responsible for the performance of third-party companies who serve advertising
on the Site. Third-party advertising companies also may employ cookie and other
technologies to measure the effectiveness of these advertisements. We do not
give any information that renders our customers personally identifiable to them
as part of this relationship. The use of their tracking technology is subject to
their own privacy policies.
We do not provide email addresses and/or any
customer’s personally identifiable information to our business partners.
Third-party marketing messages may be delivered to customers who have requested
to receive such information, provided that it is distributed using the Site
and/or SQE as the medium for delivery. Unsubscribe options are included in all
third-party messages and an opt-out selection is part of the membership and
registration procedure for the Site and can be employed at any time. Please be
sure to review the Privacy Policy for the Site.
3. Indemnification.
You agree to indemnify, defend, and hold harmless SQE, its officers, directors,
employees, agents, licensors, suppliers, and any third-party information
providers to the Site from and against all losses, expenses, damages, and costs,
including reasonable attorneys' fees with respect to any information or material
you submit or post to the Site or resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you.
4. Third-party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are
for the benefit of SQE and its officers, directors, employees, agents,
licensors, suppliers, and any third-party information providers to the Site.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by SQE without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea
Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third-party Rights)
and 6 (Policies for Participation) shall survive any termination of this
Agreement.
6. Policies for Participation.
Your participation in online communications may happen in real time and is not
edited, censored, or controlled by SQE. Notwithstanding the foregoing, SQE
reserves the right to monitor content on the Site and to remove or not publish
content, which SQE in its sole discretion determines to be inappropriate,
harmful, or offensive.
To maintain an informative service and meet the needs of its users and members,
StickyMinds.com members agree to abide by the following rules:
a. Do not submit or post any message or item anonymously or under a false name;
b. Do not submit or post any information or file containing a virus or any other
contaminating features;
c. Do not submit or post any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, or otherwise objectionable item of any kind;
d. Do not submit or post messages of a personal nature or disclose personal
information about any person;
e. Do not submit or post information that does not pertain to the topic or
subject area.
Any rights not expressly granted herein are reserved.
|
