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IPFRONTLINE SERVICE AGREEMENT
1. Definitions:
IPFrontline
is the interactive on-line service operated by PatentCafe
on the World Wide Web of the Internet, consisting of
information services and content provided by PatentCafe,
affiliates or agents of PatentCafe, and other third parties. "Subscriber" means
each person who establishes or accesses a connection ("Account")
for access to and use of IPFrontline. “Content” is
all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
that appear on IPFrontline.
2. General.
(A)
This Agreement, which incorporates by reference other
provisions applicable to use of IPFrontline, including,
but not limited to, supplemental terms and conditions
set forth in paragraph 18 hereof ("Addendum")
governing the use of certain specific material contained
in IPFrontline, sets forth the terms and conditions that
apply to use of IPFrontline by Subscriber. By using IPFrontline
(other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use IPFrontline is personal
to Subscriber and is not transferable to any other person
or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring
that all use of Subscriber's Account complies fully with
the provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) PatentCafe shall have the right at any time to change
or discontinue any aspect or feature of IPFrontline, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms.
PatentCafe shall have the right at any time to change or
modify the terms and conditions applicable to Subscriber's
use of IPFrontline, or any part thereof, or to impose new
conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to,
posting on IPFrontline, or by electronic or conventional
mail, or by any other means by which Subscriber obtains notice
thereof. Any use of IPFrontline by Subscriber after such
notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
4. Conduct of Subscriber:
(A)
Subscriber agrees to only use IPFrontline for lawful
purposes. When registration is required for Subscriber’s
access to or use of IPFrontline, Subscriber agrees to
provide true, accurate, current and complete information
about Subscriber as prompted by the IPFrontline's registration
form and, maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If
Subscriber provides any information that is untrue,
inaccurate, not current or incomplete, or PatentCafe
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, PatentCafe
has the right to suspend or terminate Subscriber’s account and refuse any and
all current or future use of IPFrontline. Subscriber shall
not to not upload, post, e-mail, transmit or otherwise make
available through IPFrontline any Content which violates
or infringes in any way the rights of others, which is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of anothers' privacy,
is hateful, or racially, religiously, ethnically or otherwise
objectionable, encourages conduct which may constitute a
criminal offense, give rise to civil liability or otherwise
violate any law. Subscriber also shall not forge headers
of postings, e-mail, or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through IPFrontline, impersonate any person or entity, including,
but not limited to, a PatentCafe employee, forum moderator,
guide or guest, or falsely state or otherwise misrepresent
your affiliation with any person or entity, nor "stalk" or
otherwise harass another, or collect or store personal data
about other Subscribers. Further, Subscriber shall not upload,
post, e-mail, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation without
express written permission from PatentCafe, agree that
such postings may violate laws of various jurisdictions,
and that subscriber may be subject to prosecution.
(B) IPFrontline contains copyrighted material, trademarks
and other proprietary information, including, but not limited
to the Content, and the entire contents of IPFrontline are
copyrighted as a collective work under the United States
copyright laws. Patentcafe owns a copyright in the selection,
coordination, arrangement and enhancement of such content,
as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Subscriber may download
copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted
without the express permission of PatentCafe and the copyright
owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does
not acquire any ownership rights by downloading copyrighted
material.
(C)
Subscriber shall not upload, post, e-mail, transmit
or otherwise make available via IPFrontline any material
that is protected by patents, trademarks, copyrights,
trade secret, or other proprietary right or lawful rights
Subscriber does not have a right to make available under
any law or under contractual or fiduciary relationships
(including but not limited to inside information, proprietary
and confidential information learned or disclosed as
part of employment relationships or under nondisclosure
or confidential disclosure agreements) without first
obtaining the express permission of the owner of the
patents, trademarks, copyrights, trade secret, or
other proprietary right or lawful rights. PatentCafe
does not claim ownership of Content submitted or made
available for inclusion on IPFrontline by the Subscriber.
However, with respect to Content Subscriber submits or
makes available for inclusion on publicly accessible
areas of IPFrontline, Subscriber hereby grants PatentCafe
the royalty-free, perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium
now known or later developed.
(D) The foregoing provisions of this Section are for the
benefit of PatentCafe, its subsidiaries, affiliates and its
third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly
or on its own behalf.
5. Account ID and Password:
Upon
completing registration to obtain access to certain
features of IPfrontline, Subscriber will receive a personal
identification and password (Account Information). Subscriber
alone is responsible for maintaining the Account Information
in confidence, and is fully responsible for all activities
that occur under Subscriber’s Account Information.
Subscriber agrees to immediately
notify PatentCafe of any unauthorized use of Subscriber‘s
Account Information.
6. Disclaimer of Warranty; limitation of Liability:
(A)
SUBSCRIBER EXPRESSLY AGREES THAT USE OF IPFRONTLINE
IS AT SUBSCRIBER’S SOLE RISK. NEITHER PATENTCAFE, ITS
AFFILIATES OR AGENTS, OR THEIR RESPECTIVE EMPLOYEES OR AGENTS,
THIRD PARTY CONTENT OR SERVICE PROVIDERS OR LICENSORS WARRANT
THAT IPFRONTLINE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, RESULTS THAT MAY BE OBTAINED
FROM THE USE OF IPFRONTLINE WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT
CREATED BY PATENTCAFE OR SUBMITTED TO PATENTCAFE, INCLUDING
WITHOUT LIMITATION INFORMATION IN MESSAGE BOARDS, WEBLOGS,
STORIES, ARTICLES, AND IN ALL OTHER PARTS OF THE SERVICE,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH
IPFRONTLINE WILL MEET SUBSCRIBER’S EXPECTATIONS,
OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(B)
IPFRONTLINE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. PATENTCAFE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) BY USING IPFRONTLINE, SUBSCRIBER ACKNOWLEDGES THAT THIS
DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY SUBSCRIBER MAY
BE EXPOSED TO AS A RESULT OF ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, FAILURE TO STORE
SUBSCRIBER DATA OF INFORMATION, MISPOSTING, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
PATENTCAFE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) PATENTCAFE MAKES NO COMMITMENT TO UPDATE THE INFORMATION
CONTAINED HEREIN INCLUDING ANY ERRORS OR OMISSIONS. PATENTCAFE
MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, REGARDING IPFRONTLINE, INCLUDING
WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY
OF TEXT, GRAPHICS, LINKS AND OTHER ITEMS ACCESSED FROM OR
VIA THIS SERVER OR THE INTERNET. IN NO EVENT WILL PATENTCAFE,
OR ANY PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
IPFRONTLINE BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES ARISING OUT OF SUBSCRIBER’S USE
OF IPFRONTLINE.
(E) FURTHER, PATENTCAFE EXPRESSLY DISCLAIMS THE ACCURACY,
COMPLETENESS, TIMELINES, AUTHENTICITY, RELIABILITY, OR FITNESS
FOR ANY USE ANY AND ALL ADVICE OR INFORMATION PROVIDED BY
OR ACCESSIBLE THROUGH HYPERTEXT LINKS FROM IPFRONTLINE BY
PATENTCAFE, ITS AFFILIATES OR AGENTS, THEIR RESPECTIVE EMPLOYEES,
AGENTS OR INDEPENDENT CONTRACTORS FOR ANY PURPOSE. SUBSCRIBERS
USE OF IPFRONTLINE SHALL NOT CREATE ANY WARRANTY, NOR SHALL
IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP OR OTHER SUBSTANTIVE
BUSINESS OR ADVISORY RELATIONSHIP.
(F) SUBSCRIBER RELEASES PATENTCAFE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, SUCCESSORS OR HEIRS OF ANY CLAIMS,
DAMAGES OR RELATED EXPENSES OR LIABILITIES, INCLUDING BUT
NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, SPECIAL, GENERAL
OR PUNITIVE DAMAGES, ARISING FROM AN ACTUAL OR POTENTIAL
VENTURE WITH, INVESTMENT IN, PURCHASE OF SERVICES OR PRODUCTS
FROM, OR BUSINESS FINANCING ARRANGEMENT WITH ANY ENTITY THAT
MAY HAVE APPEARED ON, OFFERED GOODS OR SERVICES THROUGH,
OR WAS CONTACTED AS A RESULT OF, LISTING ON THE IPFRONTLINE
OR REPRESENTED BY PATENTCAFE.
(G)
As a content distributor, and not a publisher, PatentCafe
shall not be liable for any opinions, advice, statements,
services, offers, or other information or content expressed
or made available by third parties, including information
providers, subscribers or any other user of IPFrontline. Such opinions, advice,
statements, services, offers of other information or content are those of
the respective author(s) or distributor(s) and not of PatentCafe. PatentCafe
expressly disclaims any endorsement of or, responsibility for the accuracy,
completeness, usefulness or fitness of any opinions, advice, statements,
services, offers, or other content made available through IPFrontline by
any party other than PatentCafe employees acting in their official capacity.
7. Indemnification
Subscribers
agrees to defend, indemnify and hold harmless PatentCafe,
its respective directors, officers, employees and agents
from and against any and all claims and costs, including
attorney’s fees, arising out of Subscribers
use of IPFrontline.
8. Not Legal Advice:
Subscribers
agree that nothing made available on or through IPFrontline
shall constitute legal advice or counsel, that no attorney
client relationship shall be formed as a result of
Subscriber’s
use of IPFrontline, and that the Subscriber must seek
the services of competent legal counsel of proper jurisdiction
to obtain any legal advice.
9. Limits for Data Storage:
Subscriber
acknowledges that PatentCafe may establish general
practices and limits concerning use of IPFrontline, including
without limitation the maximum number of days that any
Content uploaded by Subscriber will be retained by IPFrontine,
or the maximum disk space that will be allotted on
PatentCafe's servers on Subscriber’s behalf. Subscriber
agrees that PatentCafe has no responsibility and rests
no liability for the deletion of, or failure to store
any messages and other communications or other Content
maintained or transmitted by IPFrontline. Subscriber
acknowledges that PatentCafe reserves the right to log
off or delete accounts that are inactive for an extended
period of time.
10. Monitoring:
PatentCafe.com cannot control and cannot edit content posted
or otherwise provided by a third party prior to transmission
on IPfrontline, nor can PatentCafe ensure prompt removal
of inappropriate or unlawful content after transmission.
However, PatentCafe has the right to monitor use of IPFrontline
by all Subscribers for compliance with these Terms.
11. Termination.
Either PatentCafe or Subscriber may terminate this Agreement
at any time. Without limiting the foregoing, PatentCafe shall
have the right to immediately terminate Subscriber's Account
in the event of any conduct by Subscriber which PatentCafe,
at its sole discretion, considers to be unacceptable, or
in the event of any breach by Subscriber of this Agreement.
In the event of termination for breach, PatentCafe shall
have no obligation to refund any monies paid for subscriptions
that remain unused at the time of termination. The provisions
of Sections 4, 6, 7, 11, 14, and 15 shall survive termination
of this Agreement.
12.
Advertisers:
Advertisers
of goods or services at IPFrontline agree that the
maximum recovery for any claim, or for any and all claims
it may have against PatentCafe shall not exceed the actual
cost of the advertisement or space lease, but before
lodging such claim, you agree to allow PatentCafe to
correct or change any inaccuracy or misprint and provide
the same space for the same time or number of exposures
as originally contracted for in lieu of any other remedy.
Relationships of any kind, which result between advertisers
and Subscribers of IPFrontline are
solely between the advertiser and Subscriber. Subscriber
agrees that PatentCafe shall not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings, or as the result of the presence
of such advertisers on the IPFrontline.
13. Copyrights and Copyright Agent:
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide PatentCafe
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest,
a description of the copyrighted work that you claim has
been infringed, a description of where the material that
you claim is infringing is located on the Site, your postal
address, telephone number, and e-mail address, a statement
by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent,
or the law, a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Please send your Notice of claims of copyright infringement
to:
President
PatentCafe.com, Inc.,
2890 Gateway Oaks Drive, Suite 250
Sacramento, CA 95833
Fax: 916 239 2510
e-mail: CEO
14. PatentCafe Copyright Notice:
Contents
of PatentCafe's IPFrontline is Copyright © 1996 - 2010 PatentCafe.com, Inc. All rights
reserved. PatentCafe.com, Inc.
To
obtain reprint permission or permission to republish
IPFrontline content, please contact by e-mail: editor
@ PatentCafe.com. Please include your name, address and
a description of the purpose of your intended distribution
and identify the information you would like to distribute.
15: Trademarks:
The following Trademarks and/or Service Marks of PatentCafe.com,
Inc.:
IPFrontline,
collectively, the term "Cafe" when
used in association with a defined service or in association
with a defined user of intellectual property information,
products or services including but not limited to the
possessive, singular and plural of: PatentCafe, Inventors'
Cafe, Teachers' Cafe, Cafe Esq., IAMCafe, PatentCafe
Magazine, CafeZine, as well as primary domain names
and derivatives of the root URLs:
www.patentcafe.xxx,
www.ipfrontline.xxx, www.cafezine.xxx, wherein ".xxx" is
any top level domain (TLD) such as .com, .org, .net,
.tv, or national listings such as .co.uk, .ca. Other
trademarks and intellectual property rights owned by
PatentCafe may apply to this, as well as other Websites
owned or operated by PatentCafe.
Other
trademarks used in IPFrontline are owned by their respective
owners.
16. Headings:
The section headings used in this Agreement are for convenience
only and shall not be given any legal import.
17. Entire Agreement and Governing Law:
This
Agreement between Subscriber and PatentCafe constitute
the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to
such subject matter. This Agreement shall be governed
by the laws of the State of California without regard
to its conflict of law provisions. Subscriber and PatentCafe
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Sacramento,
California. The failure of PatentCafe to exercise or
enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full
force and effect. Subscriber agrees that regardless of
any statute or law to the contrary, any claim or cause
of action arising out of or related to use of IPFrontline
or these Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
18. Addendum
No addendum applies to this Agreement at this time.
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