Terms of Service
Last Updated: September 30, 2014
IMPORTANT! THIS TERMS & CONDITIONS (the “ AGREEMENT”) GOVERNS YOUR (THE “USER” OR “YOU” OR “YOUR”) USE OF THE WEBSITE LOCATED AT https://www.statestreetalumni.com (THE “WEBSITE”) ADMINISTERED BY CONENZA, INC. ON BEHALF OF STATE STREET BANK AND TRUST COMPANY, ITS PARENT, ITSSUBSIDIARIES, AND/OR ITS OR THEIR AFFILIATES (COLLECTIVELY, “COMPANY” OR “WE”). WE ADVISE YOU TO READ THE AGREEMENT (AS DEFINED BELOW) IN ITS ENTIRETY, INCLUDING ANY COUNTRY-SPECIFIC PROVISIONS IN THE APPENDIX TO THIS AGREEMENT, WHICH WILL APPLY TO USERS IN CERTAIN COUNTRIES.
BY SUBMITTING YOUR REGISTRATION AND CLICKING ON THE BOX LABELED “I ACCEPT,” YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ENTER THIS LEGALLY BINDING AGREEMENT WITH COMPANY BASED ON THE TERMS OF THIS AGREEMENT, THE PRIVACY STATEMENT FOR THIS WEBSITE, AND ANY OTHER POLICIES, GUIDELINES, OR STANDARDS REFERENCED HEREIN (COLLECTIVELY THE “AGREEMENT”). THIS AGREEMENT CONTAINS VARIOUS PROVISIONS THAT:
- LIMIT AND/OR EXCLUDE COMPANY’S LIABILITY;
- CONSTITUTE YOUR CONSENT TO THE USE BY COMPANY OF YOUR PERSONAL INFORMATION;
- CONSTITUTE YOUR CONSENT TO THE INTERCEPTION BY COMPANY OF ANY COMMUNICATION BY OR TO YOU ARISING FROM OR PURSUANT TO YOUR USE OF THIS WEBSITE;
- CONSTITUTE ACKNOWLEDGMENTS OF FACT BY YOU; AND/OR
- VEST IN AND/OR TRANSFER TO COMPANY THE INTELLECTUAL PROPERTY RIGHTS IN AND TO THE CONTENT YOU SUBMIT, AND/OR REQUIRE YOU TO TAKE RESPONSIBILITY FOR (AND TO INDEMNIFY COMPANY AGAINST) LIABILITY ARISING FROM YOUR ACTS OR OMISSIONS IN CONNECTION WITH THE CONTENT YOU SUBMIT.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT SUBMIT YOUR REGISTRATION AND DO NOT CLICK ON THE BOX LABELED “I ACCEPT.” YOU WILL NOT BE GRANTED ACCESS TO THE RESTRICTED SECTIONS OF THIS WEBSITE.
WE ARE CONTINUALLY ADDING FEATURES AND FUNCTIONALITY TO THIS WEBSITE. BECAUSE OF THESE CHANGES, CHANGES IN THE LAW, OR CHANGES IN TECHNOLOGY, WE MAY NEED TO REVISE THE AGREEMENT FROM TIME TO TIME. ACCORDINGLY, WE RESERVE THE RIGHT TO UPDATE OR MODIFY THE AGREEMENT AT ANY TIME AND WITHOUT PRIOR NOTICE BY POSTING THE REVISIONS ON THIS WEBSITE. THESE CHANGES WILL BE EFFECTIVE AS OF THE DATE POSTED. YOUR USE OF THIS WEBSITE AFTER ANY SUCH CHANGES ARE IMPLEMENTED CONSITUTES YOUR AGREEMENT TO BE BOUND BY THE REVISED AGREEMENT. IF YOUR COUNTRY REQUIRES YOU TO REACCEPT ANY CHANGES IN ORDER FOR SUCH CHANGES TO BE ENFORCEABLE, WE WILL FACILITATE SUCH APPROACH. PLEASE CONSULT THE AGREEMENT AND ITS TERMS AND CONDITIONS REGULARLY.
THIS WEBSITE IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE (OR AGE OF MAJORITY IN THE RELEVANT COUNTRY). IF YOU ARE UNDER THIS AGE, DO NOT ACCEPT THE AGREEMENT OR ACCESS THE WEBSITE.
THE WEBSITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY MAKING ANY INFORMATION PUBLISHED ON THE WEBSITE AVAILABLE, COMPANY DOES NOT INTEND TO MAKE ANY DISTRIBUTION OR SOLICITATION TO ANY PERSON TO USE THE WEBSITE OR TO USE ANY PRODUCTS OR SERVICES AVAILABLE AT THE WEBSITE, IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE, INCLUDING WEBSITE INFORMATION, PRODUCTS AND SERVICES, IS PROHIBITED BY LAW. WE RESERVE THE RIGHT TO REQUIRE PROOF OF RESIDENCE FROM ANY USER ACCESSING THIS WEBSITE AND REQUESTING INFORMATION.
1. USE OF THE WEBSITE AND USER SUBMITTED MATERIAL
a. Website Use License. Company grants to User a nonexclusive, nontransferable, limited, revocable right during the term of this Agreement to use the Website in accordance with the terms and conditions of this Agreement. User will not use the Website for any other purpose without Company’s express prior written consent.
b. Submitted Material and Ownership.
i. You acknowledge that the Website is a collaborative forum and is intended:
- To collect and share contact data in accordance with the Privacy Statement (https://www.statestreetalumni.com/web/guest/privacy).
- To provide authorized Users with:
- Messages from Company’s senior leaders (e.g., the CEO)
- Company press releases.
- Invitations to, and highlights from, Company and third party sponsored events (including Alumni Network sponsored events).
- Information about Company business, events and/or activities.
- Country-specific information about events and Users;
- Links to Company products and services, including those that may be specifically offered to Users by Company businesses; and
- Financial services industry information, events and/or activities.
You acknowledge that the Website enables Company and authorized Users to exchange and share information, ideas, text, graphics, audio, images, and other materials (collectively, “Content”). If You are Company Personnel, You also acknowledge that the use of the Website and the exchange of any Content falls within the scope of Your employment relationship with Company.
ii. This Section 1(b)(ii) shall only apply to the extent that You are not otherwise bound by the Personal Release Document which you have signed as a “Featured Alumni” User. You shall not retain any confidentiality or proprietary rights in any Content You Submit (as defined below) (collectively, “Submitted Material”).
Without limitation and to the extent that ownership does not otherwise vest in Company in connection with your existing employment or commercial relationship with Company, Company shall exclusively own all Submitted Material to the extent permitted by law, and in consideration of Company providing You with access to the Website (and/or providing You with compensation where You are Company Personnel), You hereby (and agree to) assign, transfer, and convey to Company, is successors, assigns, and legal representatives, all right, title, and interest in and to such Submitted Material, including all intellectual property rights therein. You agree to execute and deliver to Company any documents necessary to complete or record the foregoing assignment. To the extent that any rights in or to any Submitted Material do not vest in Company by virtue of the terms of this Agreement, You hereby waive (to the maximum extent permitted by law) and agree never to assert such rights against Company or any of Company’s licensees. If You have any right to the assigned items that cannot be assigned to Company or waived by You, You unconditionally and irrevocably grant Company, its parents, affiliates, subsidiaries, licensees, sub-licensees, and all Website users, during the term of such rights, a worldwide, royalty-free, perpetual (or the maximum duration permitted by applicable law), irrevocable, sub-licensable, transferable, non-exclusive license to use, copy, display, perform, distribute, adapt, modify, and promote the Submitted Material in any medium, now known or hereafter created. Company shall be free to use, for any purpose, any ideas, concepts, know-how, techniques, or content contained in any Submitted Material and will be entitled to use, make, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of, and reduce to practice any Submitted Material for any purposes whatsoever, without restriction and without compensating You in any way. Company shall not be subject to any obligations of confidentiality regarding the Submitted Material, except as may be required by law. Company is under no obligation to post or use any Submitted Material submitted and Company may remove any Submitted Material at any time in its sole discretion.
c. Warranty and Representations on Submitted Material. You, and not Company, are entirely responsible for any and all Submitted Material that You upload, post, email, transmit, share, or otherwise display or make available via the Website (“Submit”) and You acknowledge and agree that You have a responsibility to treat the Website and all information in it, in a professional, ethical, lawful and confidential manner. By Submitting Submitted Material, You warrant and represent that the information is accurate and You own or otherwise control any and all of the rights to your Submitted Material including, but not limited to, all the rights necessary for You to Submit the Submitted Material. To the extent that the Submitted Material contains copyrighted or protected content, You warrant and represent that (i) You are the owner of such content, (ii) You have the rights necessary to grant the assignment (or license) set forth in Section 1(b) that each person depicted in such content, if any, has provided consent to the use of the content as set forth in this Agreement. Company reserves the right to request proof of ownership or permission, and to refuse to post Submitted Material without such proof or if such proof is not, at its sole discretion, sufficient.
d. Your Use of the Content. You may use, download or print a copy of the Content displayed on the Website solely for your own personal, non-commercial, use, provided (A) You do not remove or modify any copyright, trademark, or other proprietary notices or any disclosures; (B) You agree to and comply with any terms, conditions, and notices accompanying the Content; (C) You comply with all applicable copyright and other intellectual property laws, and (D) You otherwise comply with the terms and conditions of this Agreement. This limited, revocable, non-transferable privilege to use the Content in no way constitutes a transfer of any right, title, or interest in the Content You download, view, or otherwise access. This is a grant of a license, not a transfer of title, and under this license You may not: (1) modify or copy the Content (except as set forth in the preceding sentence); (2) use the Content for any commercial purpose or for any public display (commercial or non-commercial); (3) attempt to decompile or reverse engineer any software contained on the Website (except as permitted by law); (4) transfer the Content to another person; (5) “mirror” the Content on any other server; or (6) otherwise distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, material, software, products or services on the Website. This license shall automatically terminate if You violate any of these restrictions, and may be terminated by Company at any time subject only to any notice requirements with which Company must comply in accordance with applicable law. Upon terminating your viewing of these materials or upon the termination of this license, You must destroy any downloaded materials in your possession, whether in electronic or printed format.
e. Inappropriate Practices and Objectionable Content Prohibitions. In relation to the Website and any Submitted Material, You agree that You will not engage in objectionable practices or Submit any of the following (collectively, “Objectionable Content”):
- Submitting any Content or otherwise using, promoting, conducting, participating or assisting in any activity on the Website that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, defamation (libel/slander), data privacy or protection, the export of technology, tax fraud, the transmission of obscenity, copyright law, or the permissible uses of intellectual property;
- using or Submitting files that contain images, software, or other material protected by intellectual property laws, including, by way of example, copyright, database rights or trademark laws, unless You own or control the rights thereto or have obtained all necessary consents and/or rights to submit such materials to the Website and grant the transfer of rights required in Section 1(b);
- using or Submitting any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, database rights, patent, trade secret, or other proprietary right of any party;
- using the Website to intentionally spread false information or rumors or in any way that is fraudulent or has a fraudulent effect or purpose, or engaging in other abusive activity with respect to securities or other financial instruments or manipulation of the stock exchange;
- Submitting trade secrets, or confidential or non-public information about publicly traded securities, other financial instruments or any information known by You as a consequence of your relationship with Company;
- Submitting any Content that is unlawful, harmful, blasphemous, defamatory, offensive, sexually explicit, threatening, pornographic, paedophilic, abusive, harassing, tortious, denigrating, vulgar, obscene, libelous, invasive of another's privacy, inflammatory, discriminatory, embarrassing, inappropriate, offensive, hateful, racially or ethnically disparaging, relating to or encouraging money laundering or gambling (where gambling is illegal in a jurisdiction), harms children in any way or otherwise objectionable;
- using the Website to "stalk" or otherwise harass, annoy, threaten, alarm, or harm another;
- using the Website to promote yourself or your business; your Submitted Material must not be self-serving and absolutely no type of advertising or solicitation efforts will be allowed;
- impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity or collecting or storing personal data about other users in connection with prohibited conduct or activities;
- Submitting any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Submitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Submitting any material that contains software viruses, Trojan horses, worms, time bombs, corrupted files, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that may damage or interfere with the operation of another’s computer or property of another;
- using the Website in any manner that could damage, disable, overburden, or impair any Company server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or interfere with any other party's use and enjoyment of the Website;
- attempting to gain unauthorized access to or otherwise misuse any Website, other accounts, computer systems, software or networks connected to any Company server or Website, through hacking, password mining or any other means or obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Website;
- violating, intentionally or unintentionally, any applicable local, state, national or international law;
- threatening national security, unity, integrity, defence or sovereignty of a country, threatening public order in a country or causing incitement to the commission of any punishable offence in a jurisdiction, preventing investigation of any such offence or insulting another country;
- providing material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or any similar applicable law;
- forging headers or otherwise manipulating identifiers (including URLs) in order to disguise the origin of any materials transmitted to or from the Website, or deleting or altering any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material;
- collecting, using or transferring information about others(save as published in the directory of this Website for the purposes as permitted herein), including e-mail addresses or other personal information except as expressly permitted by this Agreement or with the appropriate permissions;
- including on the Website any financial or sensitive information (other than as may be included in Your User profile) about You or any other person (including but not limited to information about religious, confessional or similar beliefs, racial or ethnic origin, health or sexual life, genetic code, addictions political affiliation or political membership, trade union membership or information about criminal offences or any other categories of personal information defined as sensitive under applicable data protection laws);
- unless specifically authorized or enabled by the Website, sharing any Content with any third party websites; and/or
- deep-linking to the Website for any purpose unless expressly authorized in writing by Company or engaging in “framing”, “mirroring” or otherwise simulating the appearance or function of the Website.
f. Website Moderation. While Company may not to continuously monitor or moderate Content published by Users, Company and its designees retain the right (but not the obligation), at Company's sole discretion, to pre-screen, refuse, monitor, restrict access to, or remove any Content of which it becomes aware and at its sole discretion deems infringing, inappropriate, not to fulfill the spirit or purpose of the Website, to constitute Objectionable Content or to be illegal or otherwise in breach of this Agreement. Company does not guarantee the accuracy, integrity, or quality of Content. To the extent permitted by law, under no circumstances will Company be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content, including any Content posted, emailed or otherwise transmitted via the Website. You should exercise discretion before relying on information in Content as such Content may contain false, inaccurate or otherwise misleading information. To the extent that You use or rely on information posted within the Website, You do so solely at your own risk.
g. No Advice by Company. No comments made by any employee, agent, consultant, or contractor of Company (collectively, “Company Personnel”) or any User through the Website should be understood or used as the sole basis of any investment or financial decision, nor should they be construed as advice or recommendations. It is possible that users will post comments on the Website related to their experiences. Like other postings on the Website, We are not liable for any such postings and, such user comments may contain false or misleading information.
h. Password Protection. You will take all reasonable steps to ensure that no third party will have access to the password protected portions of the Website. For example, User will not divulge, sublicense, assign, or transfer to any third party User’s username(s) and password(s).
2. RIGHT TO MODIFY, SHUT DOWN, OR DENY ACCESS TO THE WEBSITE
COMPANY RESERVES THE RIGHT TO MODIFY THE CONTENT, FEATURES, AND FUNCTIONALITY OF THE WEBSITE, TO SHUT DOWN THE WEBSITE, AND TO LIMIT OR DENY ACCESS TO ALL OR PART OF THE WEBSITE AT ANY TIME, FOR ANY REASON WITHOUT PRIOR NOTICE AND, TO THE EXTENT PERMITTED BY LAW, WILL NOT BE LIABLE IN ANY WAY TO YOU, YOUR COMPANY OR EMPLOYER, OR ANY THIRD PARTY FOR ANY POSSIBLE LOSS, LIABILITY OR CONSEQUENCE OF SUCH ACTIONS.
3. TERM AND TERMINATION
Company may immediately terminate User's right to use the Website and Content if User violates any provision of this Agreement. Additionally, Company may terminate the User’s access to the Website and Content for any reason and without notice. User will immediately cease using the Website and Content upon termination and will destroy any Content in User's possession or control.
If You work for Company, You acknowledge and agree that inappropriate use or misuse of the Website, including a breach of this Agreement, may also lead to disciplinary action up to and including termination of your employment or assignment with Company, consistent with applicable law.
If You no longer wish to participate in the Website for any reason, You may terminate your access to the Website, at any time, with notice to email@example.com. This notice will be effective upon Company processing Your notice.
4. DISCLAIMER OF LIABILITY
SOME COUNTRIES DO NOT ALLOW ALL OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, ADEQUACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE WEBSITE OR CONTENT AND EXPRESSLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. FURTHER, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING CONTENT.
COMPANY DOES NOT GUARANTEE THAT THE WEBSITE WILL BE PROVIDED WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING AND, TO THE EXTENT PERMITTED BY LAW, WILL NOT BE LIABLE FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE. NOR WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING ANY MATERIAL POSTED ON IT OR ANY WEBSITE LINKED TO IT.
5. LIMITATION ON LIABILITY
SOME COUNTRIES DO NOT ALLOW ALL OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY LOCAL LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR CONTENT OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
IT IS UNDERSTOOD THAT NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT COMPANY’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM AN ACTION OR FROM AN OMISSION ON COMPANY’S SIDE AND/OR FOR FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT TO THE EXTENT THAT THIS IS NOT PERMITTED BY LOCAL LAW.
To the extent permitted by law, You shall indemnify, defend, and hold harmless Company, and its officers, employees and agents, from any and all losses, injuries, liabilities, damages, fines, penalties, costs and expenses including reasonable attorneys' fees, resulting from claims made by any third party due to or arising out of Your acts or omissions in connection with the Website, including any claims arising out of Your use of the Website, Your Submitted Material, anything You Submit to or via the Website, Your violation of this Agreement or any other policies or rules governing the Website, or Your violation of any rights of another.
7. MISCELLANEOUS TERMS
a. General Practices Regarding Use and Storage. While Company will use reasonable efforts to back up Website data in compliance with applicable law, Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by others on the Website. Company reserves the right to mark as "inactive" and archive Content that is inactive for an extended period of time. Company reserves the right to change these general practices at any time, at its sole discretion. Company will retain data as required by applicable laws and regulations, and pursuant to its contractual obligations.
b. Other Websites. The Website may contain links to other websites and to website content on such other websites. These links are provided for convenience only, and do not imply affiliation with or endorsement by Company. Company is not responsible for the operation of, or for website content on, any such other website, or for the operation of, or for website content on, any site through which you may have gained access to the Website.
c. Relationship. Neither Company nor its service providers shall be considered an agent or other legal representative of yours for any purpose by reason of this Agreement. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Company and You or any other person or entity nor does this Agreement extend rights to any third party. Company does not and cannot control the actions of Website users, visitors, or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities.
d. Copyrights. It is Company’s policy to respond promptly to claims of intellectual property misuse. If You believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us through the process set forth below. If Company determines, based on its sole discretion that You are a repeat offender under the Digital Millennium Copyright Act or other copyright legislation, all your Submitted Material will be removed, and Company reserves the right to take whatever other actions it deems necessary, including notifying the appropriate government authorities.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF COMPANY’S DESIGNATED AGENT
PURSUANT TO SECTION 512(C)(2) OF THE COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT, WRITTEN NOTICE OF ANY CLAIMED COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF COMPANY UNDER SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT MUST BE SUBMITTED TO THE DESIGNATED AGENT NAMED BELOW. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
Service Provider(s): Company Inc and its affiliates.
Designated to Receive Notification of Claimed Infringement:
Name: Conenza, Inc.
Address: 1411 4th Ave, Suite 1000, Seattle, WA 98101
Telephone: +1 (855) 579-9669
Fax: (206) 792-4201
NOTE: ALTHOUGH NOT REQUIRED, IT IS RECOMMENDED THAT NOTIFICATIONS BE SENT BOTH BY FAX AND BY EMAIL AND THAT ANY EMAIL NOTIFICATION INCLUDE "NOTICE OF ALLEGED SERVICE PROVIDER INFRINGEMENT" IN THE SUBJECT LINE OF THE EMAIL.
NOTICES RELATING TO ALLEGED COPYRIGHT INFRINGEMENTS UNDER ANY LAWS SHOULD ALSO BE SENT TO THE DESIGNATED AGENT.
THIS CONTACT INFORMATION IS PROVIDED ONLY FOR THE PURPOSES STATED ABOVE. WE CANNOT RESPOND TO OTHER INQUIRIES, SUCH AS REQUESTS TO OPEN OR SERVICE ACCOUNTS OR OTHERWISE CONDUCT BUSINESS WITH COMPANY OR ITS AFFILIATES.
If you wish to report any instances of misuse or inappropriate use of the Website including any Submitted Material (other than copyright infringement claims), please contact firstname.lastname@example.org.
e. Other Agreements. This Agreement is in addition to and does not nullify any other agreement(s) between You and Company including but not limited to any agreement regarding Your use of Company’s other websites. Termination of this Agreement will not affect, or result in the termination of, any such other agreements.
f. Severability. If any provision of this Agreement is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
g. Governing Law. The substantive laws of the Commonwealth of Massachusetts shall in all respects govern this Agreement regardless of Your country of origin or from where You access the Website. All claims or disputes arising out of or in connection with this Agreement shall be heard exclusively by any of the federal or state courts of the Commonwealth of Massachusetts.
h. Remedies. Company may seek to obtain injunctive or other equitable relief without the posting of a bond or security to prevent or curtail any breach, threatened or actual, of this Agreement where it deems appropriate to do so. All remedies in this Agreement are cumulative and in addition to (not in lieu of) any other remedies available at law or in equity.
i. Compliance with Laws and Company’s Policies and Procedures. You will comply with the requirements of all applicable laws, ordinances, regulations, codes and executive orders, and, if You are Company Personnel, a vendor or an external service provider, all applicable Company’s policies, standards and guidelines as published and/or modified from time to time.
j. Survival. The provisions of this Agreement that, by their nature and content, must survive the completion, rescission, termination or expiration of this Agreement or termination of access to the Website in order to achieve the fundamental purposes of this Agreement, shall so survive and continue to bind the parties. Without limiting the generality of the forgoing, the parties specifically acknowledge that the following provisions shall survive: Sections 1(g), 3, and 4, 5 and 7.
k. Entire Agreement. This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement. Nothing in this Clause shall limit or exclude any liability for fraud.
l. No Waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If We waive a breach of any provision of this Agreement, this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
m. No Assignment. This Agreement is personal to You. You may not assign, transfer, sub-license, declare a trust of, mortgage, charge or deal in any other manner with this Agreement, or with any of Your rights or obligations under it, without Company’s prior written consent.