| Terms 1. Your acceptance - A. By using and/or visiting this Web site (collectively, including all content and functionality available through the Hatteras.com, Focus1data.com or any of its client sites' domain names, the “Hatteras Web site”, or “Web sites”), you signify your agreement to (1) these Terms (the “Terms of use”), and (2) Hatteras’s Privacy Policy incorporated here by reference. If you do not agree to any of these Terms, or the Hatteras Privacy Policy, please do not use the Hatteras Web site. B. Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. 2. Hatteras Web site - A. These Terms apply to all users of the Hatteras Web site, including users who are also contributors of video content, information, and other materials or services on the Web site. The Hatteras Web site includes all aspects of Hatteras, including but not limited to all products, software and services offered via the Web site such as the Hatteras categories, the Hatteras “upload FTP site” and other applications. B. The Hatteras Web site may contain links to third party Web sites that are not owned or controlled by Hatteras. Hatteras has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites. In addition, Hatteras will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve Hatteras from any and all liability arising from your use of any third-party Web site. C. Accordingly, we encourage you to be aware when you leave the Hatteras Web site and to read the Terms and Privacy Policy of each other Web site that you visit. 3. Hatteras accounts - A. In order to access some features of the Web site, you will have to create a Hatteras user account. You may never use another person or group’s account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hatteras immediately of any breach of security or unauthorized use of your account. B. Although Hatteras will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hatteras or others due to such unauthorized use. 4. General use - permission and restrictions Hatteras hereby grants you permission to access and use the Web site as set forth in these Terms, provided that: A. You agree not to distribute in any medium any part of the Web site, including but not limited to user documents (defined below), without Hatteras’s prior written authorization. B. You agree not to alter or modify any part of the Web site, including any of its related technologies. C. You agree not to access user documents (defined below) or Hatteras content through any technology or means other than the intended use of the Web site itself or other explicitly authorized means Hatteras may designate. D. You agree not to use the Web site for any commercial use, without the prior written authorization of Hatteras. E. Prohibited commercial uses include any of the following actions taken without Hatteras’s express approval: • sale of access to the Web site or its related services on another Web site; • use of the Web site or its related services for the primary purpose of gaining advertising or subscription revenue; • the sale of advertising, on the Hatteras Web site or any third-party Web site, targeted to the content of specific user documents or Hatteras content. F. You agree not to use the Web site or its related services that Hatteras finds, in its sole discretion, to use Hatteras’s resources or user documents with the effect of competing with or displacing the market for Hatteras. G. If you use the Hatteras uploader and FTP site, you agree that it may automatically download and install updates from time to time from Hatteras. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Hatteras to deliver these to you) as part of your use of the uploader. H. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Web site in a manner that sends more request messages to the Hatteras servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, Hatteras grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hatteras reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their user documents. I. In your use of the Web site, you will otherwise comply with the Terms, and all applicable local, national, and international laws and regulations. J. Hatteras reserves the right to discontinue any aspect of the Hatteras Web site at any time. 5. Use of content - in addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Hatteras Web site. A. The content on the Hatteras Web site, except all user documents (as defined below), including without limitation, the text, software, scripts, graphics, photos, interactive features and the like (“content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to Hatteras or its clients, subject to copyright and other intellectual property rights under the law. Content on the Web site is provided to you as is for your information and business use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hatteras reserves all rights not expressly granted in and to the Web site and the content. B. You may access your own user documents solely: • for your information and business use; • as intended through the normal functionality of the Hatteras service. D. You may access Hatteras content, user documents and other content only as permitted under this agreement. Hatteras reserves all rights not expressly granted in and to the Hatteras content and the Hatteras service. E. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of user documents of third parties obtained through the Web site for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Hatteras Web site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Hatteras Web site or the content therein. G. You understand that when using the Hatteras Web site, you may be exposed to other user documents from a variety of sources, and agree not to access, copy, or download these documents. 6. User documents and content - A. As a Hatteras account holder you may upload content and textual content. You shall be solely responsible for your own user uploads and the consequences of posting or publishing them. In connection with user uploads, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Hatteras to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user documents to enable inclusion and use of the user documents in the manner contemplated by the Web site and these Terms. C. For clarity, you retain all of your ownership rights in your user uploads. However, by uploading user documents to Hatteras, you hereby grant Hatteras the right to reproduce, distribute, and prepare your documents in connection with the Hatteras Web site and the Hatteras printing business. The above licenses granted by you in user documents terminate within a commercially reasonable time after you remove or delete your documents from the Hatteras Web site. You understand and agree, however, that Hatteras may retain, but not display, distribute, or publish, server copies of user documents that have been removed or deleted. The above licenses granted by you in user comments are perpetual and irrevocable. D. In connection with user documents, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hatteras all of the license rights granted herein. E. Hatteras does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and Hatteras will remove all content and user documents if properly notified that such content or user document infringes on another’s intellectual property rights. Hatteras reserves the right to remove content and user documents without prior notice for any reason at any time, and all funds associated with the content or user documents that are removed from Hatteras will be forfeited without recourse. 7. Account termination policy - A. Hatteras will terminate a user’s access to its Web site if, under appropriate circumstances, they are determined to be a repeat infringer. B. Hatteras reserves the right to decide whether content or a user document is appropriate and complies with these Terms for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. Hatteras may remove such user documents and/or terminate a user’s access for uploading such material in violation of these Terms of use at any time, without prior notice and at its sole discretion. 8. Digital millennium copyright act - A. If you are a copyright owner or an agent thereof and believe that any user document or other content infringes upon your copyrights, you may submit a notification pursuant to the digital millennium copyright act (“dmca”) by providing our customer service with the following information in writing (see 17 u.S.C 512(c)(3) for further detail): • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To report copyright infringement, email us at: help@Hatteras.com, and type “copyright infringement” in the subject box. Hatteras technicians will remove the video in question as quickly as possible. Comments, requests for technical support, and other communications should also be directed to Hatteras customer service.You acknowledge that if you fail to comply with all of the requirements of this section 5(d), your dmca notice may not be valid. 9. Warranty disclaimer - you agree that your use of the Hatteras Web site shall be at your sole risk. To the fullest extent permitted by law, Hatteras, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Web site and your use thereof. Hatteras makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Web site, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Web site by any third party, and/or (v) 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 posted, emailed, transmitted, or otherwise made available via the Hatteras Web site. Hatteras does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Hatteras Web site or any hyperlinked Web site or featured in any banner or other advertising, and Hatteras will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. 10. Limitation of liability - in no event shall Hatteras, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Web site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Web site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Web site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Hatteras Web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Hatteras shall not be liable for user documents or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Web site is controlled and offered by Hatteras from its facilities in the United States of America. Hatteras makes no representations that the Hatteras Web site is appropriate or available for use in other locations. Those who access or use the Hatteras Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity - you agree to defend, indemnify and hold harmless Hatteras, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Hatteras Web site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user documents caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Hatteras Web site. 12. Ability to accept Terms - you affirm that you are 18 years of age or older, as the Hatteras Web site is not intended for children under 18. 13. Assignment - these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hatteras without restriction. 14. General - you agree that: (i) the Hatteras Web site shall be deemed solely based in Michigan; and (ii) the Hatteras Web site shall be deemed a passive Web site that does not give rise to personal jurisdiction over Hatteras, either specific or general, in jurisdictions other than Michigan. These Terms shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws and principles. Any claim or dispute between you and Hatteras that arises in whole or in part from the Hatteras Web site shall be decided exclusively by a court of competent jurisdiction located in Wayne County, Michigan. These Terms, together with the Privacy Policy and any other legal notices published by Hatteras on the Web site, shall constitute the entire agreement between you and Hatteras concerning the Hatteras Web site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Hatteras’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Hatteras reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Hatteras Web site following any amendment of these Terms will signify your acceptance of its revised Terms. |
