We may, in our discretion, modify, edit, translate, suspend, restrict access to or terminate our Corporate Site, the Services or any link at any time without liability or prior notice. We may also, in our discretion, terminate any party’s right or access to our Corporate Site and/or the Services. Additionally, access to our Services may be suspended or terminated at any time by our corporate clients.
1. USE OF THE SERVICES AND WEB SITE
All Content in the Web Sites should be presumed to be confidential and proprietary to Reflektion or our corporate clients, and, unless specifically permitted in writing by Reflektion and/or the applicable corporate client, you may not reproduce, copy, sell, publish, distribute, modify or display such Content. You may not remove or modify any copyright or other proprietary notices associated with the Services.
Reflektion Xplorer™, is a trademark of Reflektion, Inc. All other trademarks are the property of their respective owners.
3. USER CONTENT
You may not submit to Reflektion or a Web Site any User Content that you are not authorized to submit, and you confirm that User Content does not and will not infringe upon any other party’s Intellectual Property Rights. Reflektion undertakes no obligation to verify your right to use User Content or submit it to a Web Site.
You may not (a) submit User Content that is not functionally and technically compatible with a Web Site; (b) damage, corrupt, tamper with or infect the Web Sites, Content or any telecommunication system of Reflektion or our corporate clients with a virus or other malicious computer program (or attempt to do any of the foregoing); (c) engage in “spamming,” send, create or reply to “mailbombs,” or undertake any other activity that may adversely affect the use, functionality or enjoyment of Web Sites by anyone; or (d) compromise the security of a Web Site, or anyone’s User Login or account.
Furthermore, you may not engage in any conduct in connection with Web Sites, (including the submission of User Content) that: (a) is illegal, misappropriated, infringing or dilutive; (b) is inaccurate or misleading; (c) is threatening or harassing; (d) is defamatory, libelous or in violation of anyone’s privacy rights; (e) is obscene, offensive or otherwise inappropriate; or (f) you do not have a right to engage in, including but not limited to providing inside information or information that you are prohibited from disclosing because of your obligations to another party such as your employer.
4. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY; NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
It is Reflektion’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the web pages or accounts of users of our web site who may infringe the copyrights or other intellectual property rights of Reflektion and/or others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Reflektion’s copyright agent with the following information:
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A description of where the material that you claim is infringing is located on the Reflektion site, with enough detail so that we may find it on the web site;
- 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;
- Your mailing address, telephone number, and email address;
- 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.
Reflektion’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o REFLEKTION, INC.
777 Mariners Island Blvd. Suite 510
San Mateo, California 94404
*For security concerns, attachments cannot be accepted. Notices of infringement submitted electronically with an attachment may not be received or processed.
5. REGISTRATION AND PASSWORDS
To gain access to the Registered User Site, we may require a user name and password (“User Login”). Any information you provide to us to establish or use your User Login must be accurate and complete. You must keep the information current over time. You are responsible for maintaining the confidentiality of your User Login. You are responsible for all activities that occur under your User Login. You agree to notify us immediately, at email@example.com, of any loss, theft or unauthorized use of your User Login. We reserve the right to modify, revoke or refuse a User Login to you or any other party.
Software that Reflektion makes available through Web Sites is the copyrighted work of Reflektion or its licensors. Your use of such software is subject to the terms and conditions of Reflektion’s end user license agreement (“EULA”) applicable to the software, or the applicable written agreement between you, or your employer, and Reflektion regarding the software, as either may be amended from time to time. Any other use is expressly prohibited by Reflektion. By accessing software from the Web Sites, you confirm that you will not download, use or transmit any software in violation of any export control laws or regulations, including but not limited to U.S. and European export control laws and regulations.
You agreed to give us prior written notice, to firstname.lastname@example.org, if you wish to link any other web page to our Corporate Site. Framing of the Corporate Site is prohibited. We reserve complete discretion to refuse anyone permission to link to the Corporate Site.
8. THIRD PARTY WEB SITES AND INFORMATION
Reflektion has no obligation to control, monitor, or restrict the use of the Web Sites, or any third party web sites available via links to or from the Corporate Site. Reflektion is not responsible for the content, accuracy, compliance with laws or any other aspects of non-Reflektion web sites. The inclusion of a link on the Corporate Site does not imply any endorsement or verification of the linked site by Reflektion. Reflektion does not have any obligation to verify any User Content submitted by a user or to provide you with any information regarding any Content, User Content, third party or user.
THE SERVICES AND THE WEB SITES, INCLUDING ANY CONTENT, LINKS, AND SOFTWARE PROVIDED IN CONNECTION WITH THE SERVICES OR THE WEB SITE (“ASSOCIATED MATERIALS”), ARE PROVIDED ON AN “AS IS” BASIS. REFLEKTION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR THE WEB SITES AND ASSOCIATED MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OF THE ABOVE WARRANTIES, THE REMAINING EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REFLEKTION, INCLUDING ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE FOREGOING, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LIABILITIES OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE WEB SITES.
12. DISPUTE RESOLUTION, CHOICE OF LAW, ETC.
13. CONTACTING REFLEKTION
777 Mariners Island Blvd. Suite 510
San Mateo, California 94404
*The Gartner Cool Vendor Logo is a trademark and service mark of Gartner, Inc., and/or its affiliates, and is used herein with permission. All rights reserved. Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings or other designation. Gartner research publications consist of the opinions of Gartner’s research organization and should not be construed as statements of fact. Gartner disclaims all warranties, expressed or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose.