| ACCEPTANCE OF TERMS.
The services that Jade Technology Group provides to you are subject
the right to update the TOU at any time without notice to you. The
most current version of the TOU can be reviewed by clicking on the
DESCRIPTION OF SERVICES.
Through its network of Web properties, Jade Technology Group provides
you with access to a variety of resources, including developer
tools, download areas, communication forums and product information
(collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL
Unless otherwise specified, the Services are for your personal
and non-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 Services.
PRIVACY AND PROTECTION OF PERSONAL
See the Privacy Statement disclosures
relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of Jade Technology Group and/or
its suppliers. 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 he or she 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 ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, Jade Technology Group CORPORATION
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.
FOR YOUR CONVENIENCE, Jade Technology
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Jade
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 UTILITIES MADE AVAILABLE ON
THE SERVICES OR IN Jade Technology Group SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software
which is downloaded from the 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.
NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear, (2)
use of such Documents from the 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
(3) no modifications of any Documents are made. Accredited educational
institutions, such as K-12, universities, private/public colleges,
and state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom
requires express written permission. 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
Documents specified above do not
include the design or layout of the Jade Technology Group.com Web site or
any other Jade Technology Group owned, operated, licensed or controlled
site. Elements of Jade Technology Group Web sites are protected by
trade dress, trademark, unfair competition, and other laws and
may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Jade Technology Group Web site may be copied
or retransmitted unless expressly permitted by Jade Technology
JADE TECHNOLOGY GROUP 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. JADE TECHNOLOGY GROUP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Jade Technology
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 INFORMATION AVAILABLE FROM THE
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
JADE TECHNOLOGY GROUP 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 JADE TECHNOLOGY GROUP 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.
MEMBER ACCOUNT, PASSWORD, AND
If any of the Services requires you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user
name. 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 Jade Technology Group immediately of any unauthorized
use of your account or any other breach of security. Jade
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. However, you could be held liable for
losses incurred by Jade Technology Group or another party due to someone
else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
Jade Technology Group server, or the network(s) connected to any
Jade Technology Group server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks
connected to any Jade Technology Group server or to any of the 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 Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or
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:
Jade Technology Group has no obligation
to monitor the Communication Services. However, Jade Technology
reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Jade
Technology Group reserves the right to terminate your access to any
or all of the Communication Services at any time, without notice,
for any reason whatsoever.
- 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 of 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 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, 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 other 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 and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for any particular Communication
- Harvest or otherwise collect information
about others, including e-mail addresses.
- Violate any applicable 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.
Jade Technology Group reserves the right
at all times to disclose any information as Jade Technology
deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in
Jade Technology Group' sole discretion.
Always use caution when giving out any
personally identifiable information about yourself or your children
in any Communication Services. Jade Technology Group does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, Jade Technology Group specifically disclaims
any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized Jade Technology
spokespersons, and their views do not necessarily reflect those
of Jade Technology Group.
Materials uploaded to the Communication
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 Jade
Technology Group OR POSTED AT ANY Jade Technology Group WEB SITE.
Jade Technology Group does not claim ownership of the materials you
provide to Jade Technology Group (including feedback and suggestions)
or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of
any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission you are granting Jade
Technology Group, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation
of their Internet businesses (including, without limitation, all
Jade Technology Group 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 the
No compensation will be paid with respect
to the use of your Submission, as provided herein. Jade
is under no obligation to post or use any Submission you may provide
and Jade Technology Group may remove any Submission at any time in
its sole discretion.
By Posting a Submission you warrant
and represent that you own or otherwise control all of the rights
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 contain images,
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
necessary to grant the licenses and sublicenses described in these
if any, has provided consent to the use of the Images as set forth
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 Services,
other than a private community), permission to use your Images
of any of the 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, worldwide,
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
Services. The licenses granted in the preceding sentences for
a Images will terminate at the time you completely remove such
Images from the Services, provided 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.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE JADE TECHNOLOGY GROUP,
THE LINKED SITES ARE NOT UNDER THE CONTROL OF JADE TECHNOLOGY
AND JADE TECHNOLOGY GROUP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. JADE TECHNOLOGY GROUP IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. JADE TECHNOLOGY GROUP IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY JADE TECHNOLOGY GROUP OF THE SITE.
UNSOLICITED IDEA SUBMISSION
JADE TECHNOLOGY GROUP, LLC 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 NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN JADE TECHNOLOGY GROUP' PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO JADE TECHNOLOGY GROUP. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO JADE TECHNOLOGY GROUP OR ANYONE
AT JADE TECHNOLOGY GROUP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT JADE TECHNOLOGY GROUP MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Copyright © 2007 Jade Technology Group, LLC, 107 East Browning
Road, Collingswood, NJ 08108 U.S.A. All rights reserved.