last updated: July 2019
ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE SERVICES
Throughout this Website, Tom PIT provides you with access to a variety of resources, that may include upload and download areas, communication forums and information (collectively "Website Services"). The Website Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. This TOU does not apply to use of the Tom PIT cloud solutions platform or features, which requires a subscription and is governed by the Tom PIT Agreement or other service agreement under which you purchase such services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Tom PIT Privacy Statement disclosures relating to the collection and use of your information.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Website Services ("Software") is the copyrighted work of Tom PIT 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.
DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Website 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 Website 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 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 extent possible. Documents specified above do not include the design or layout of the Website or any other Tom PIT owned, operated, licensed or controlled site. Elements of Tom PIT Websites 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 Tom PIT Website may be copied or retransmitted unless expressly permitted by Tom PIT.
MATERIALS POSTED ON THIS WEBSITE
All materials, including software, help topics, white papers, datasheets, and FAQs (collectively “Materials”) that are made available as part of the Website Services are the copyrighted work of Tom PIT or its suppliers. Your use of these Materials are governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Tom PIT reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
- Remove, modify or tamper with any copyright notices
- Use the Materials for any commercial purposes
- Post the Materials on any networked computer for access by any other computer on the network or broadcast it in any media
- Make any modifications to the Materials
Tom PIT may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Tom PIT does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Tom PIT does so expressly in writing. Some Materials available as part of the Website Services are licensed to you by third parties. Tom PIT does not grant you any additional rights (express or implied) for such third party Materials. Tom PIT does not claim ownership of the materials you provide to Tom PIT (including feedback and suggestions) or post, upload, input or submit to any Website Services or its associated services for review by the general public, or by the members of any public or private community, (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tom PIT, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Tom PIT Solutions), 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 Tom PIT Website.
TOM PIT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, MATERIALS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOM PIT 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 TOM PIT 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 WEBSITE SERVICES. THE DOCUMENTS, MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOM PIT 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. IN NO EVENT SHALL TOM PIT 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, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE SERVICES.
UNSOLICITED IDEA SUBMISSION POLICY
Tom PIT 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 artwork, samples, demos, or other works to Tom PIT or anyone at Tom PIT. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Tom PIT's products or marketing strategies might seem similar to ideas submitted to Tom PIT. So, please do not send your unsolicited ideas to Tom PIT or anyone at Tom PIT. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Tom PIT makes no assurances that your ideas and materials will be treated as confidential or proprietary.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Website 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 an email address. You are entirely responsible for maintaining the confidentiality of your password and any other non-public account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Tom PIT immediately of any unauthorized use of your account or any other breach of security. Tom PIT 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 Tom PIT 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 Website Services, you will not use the Website Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website Services in any manner that could damage, disable, overburden, or impair any Tom PIT server, or the network(s) connected to any Tom PIT server, or interfere with any other party's use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Website Services, other accounts, computer systems or networks connected to any Tom PIT server or to any of the Website 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 Website Services.
USE OF COMMUNICATION SERVICES
The Website Services may contain wikis, bulletin board services, blogs, chat areas, forums, news groups, communities 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 materials that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that using the Communication Services, you may not:
- 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 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 Service
- 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 Website Services or other user or usage information or any portion thereof
Tom PIT has no obligation to monitor the Communication Services. However, Tom PIT reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Tom PIT reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Tom PIT reserves the right at all times to disclose any information as Tom PIT 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 Tom PIT's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Tom PIT does not control or endorse the content, messages or information found in any Communication Services and, therefore, Tom PIT 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 Tom PIT spokespersons, and their views do not necessarily reflect those of Tom PIT. 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.
LINKS TO THIRD PARTY SITES
The Website Services may contain links to third party websites which will let you leave the Tom PIT Website. These websites are not under Tom PIT’s control. Tom PIT makes no effort to review the content of these websites. This includes the validity, legality, copyright compliance, and decency of such content. Tom PIT is not responsible for the content of these websites. If Tom PIT has included these links in the Website Services, they are provided for convenience only. Tom PIT does not endorse or make any representation, guarantee or assurance regarding any third party website, service or product. Any third party product or service that you acquire, and any exchange of data between you and such third party provider, is solely between you and the third party. Third party websites may be subject to the third party’s terms conditions and privacy statements. Tom PIT may disable links to any third-party website that you or others post on this Website.
INTELLECTUAL PROPERTY RIGHTS
Tom PIT or its suppliers retain all right, title, and interest in and to this Website and the Website Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Tom PIT reserves all rights not expressly granted. These TOU does not grant or imply any rights to any Tom PIT or supplier trademarks, trade names or logos. Any rights not expressly granted herein are reserved.
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