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Legal Notice
1. Acceptance of Terms
The following are terms of a legal agreement between CityNAP and you (the “Terms”) regarding the use of CityNAP’s web site (the “Site”). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Web site.
This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. CityNAP may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
CityNAP may update these Terms from time to time. Each time you use the Web site you will be operating under the Terms as they exist as of the time of use. Please check these terms prior to each use of our Web site.
The Terms are entered into by and between CityNAP and you. If you currently have in effect a separate written purchase or license agreement with CityNAP for a service, that agreement shall govern the use of that service to the extent in conflicts with these Terms.
CityNAP does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to CityNAP will be deemed not to be confidential. By sending CityNAP any information or material, you grant CityNAP an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CityNAP is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. See CityNAP’s Privacy Policy for more information.
2. Disclaimer
Although CityNAP has attempted to provide accurate information on the Web Site, CityNAP assumes no responsibility for the accuracy of the information. CityNAP may change the programs or products mentioned at any time without notice. Mention of non- CityNAP products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL CITYNAP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF CITYNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE WEBSITE.
Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber’s use of the Services.
3. Intellectual Property Rights
All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided on this Web site is provided by or to CityNAP by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of CityNAP and/or the Third Party Providers.
Except as expressly authorized by CityNAP or the Third Party Provider, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of CityNAP. You also may not, without CityNAP’s prior express written permission, copy any Materials contained on this Web site on any other server, or use any CityNAP Marks for any purpose.
"CityNAP Marks" refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations CityNAP uses in connection with its products or services. Individuals who believe that their intellectual property rights have been infringed on the Web site, may contact CityNAP and request that the infringing material be removed or access to it blocked. CityNAP will investigate those complaints. Where CityNAP is satisfied that the infringement is taking place, it will take appropriate action. If you believe your intellectual property rights are being infringed, please direct your claims to: General Counsel, CityNAP Ltd, 415 N. Main, Suite 300, San Antonio, TX 78205.
4. Trademarks
The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of CityNAP or other third parties. Users are not permitted to use these Marks without the prior written consent of CityNAP or such third party that may own the Mark.
5. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and CityNAP is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. CityNAP provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
6. Access to Password-Protected and/or Secure Areas
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
7. Privacy Policy
CityNAP respects your desire for privacy. CityNAP’s Privacy Policy can be found at http://www.citynap.net/privacy.html. By using the Web site, you are consenting to the processing of your data by CityNAP and consenting to the terms of our Privacy Policy. Access to Password Protected and/or Secure Areas is subject to consent to CityNAP’s Electronic Commerce User Agreement and License.
Use of the Web site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Subscriber is not logged in.
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