Terms of Use
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Crescentic Digital provides this website and other related or linked Crescentic Digital sites (”Site”) and certain services, interfaces, applications, tools, and other functionality on or via this Site (the ”Services”) to you subject to your agreement to comply with the following terms of use (the ”General Terms”). Your use of this Site or the Services will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between Crescentic Digital and you governing your use of the Site or Services (the ”Agreement”). If you are not willing to abide by the General Terms, do not use this Site or the Services..
Changes and Special Additional Terms and Conditions
Crescentic Digital may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
Use of the Site
Site Security
You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services
Infringement
You are prohibited from using the Site or Services to infringe on Crescentic Digital’s or any person’s or other entity’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of Crescentic Digital or another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
Other Prohibited Actions
In using the Site or Services, you must not:
- Engage in conduct which could damage or impair the intended operability of the Site or the Services
- Engage in and/or encourage conduct that would:
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way
- Post, email, link, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Crescentic Digital in its sole discretion does not wish posted or transmitted on the Site and Services;
- Post, email, link, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Crescentic Digital in its sole discretion does not wish posted or transmitted on the Site and Services;
- Assist or permit any persons in engaging in any of the activities described above
Your Content
You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information.
Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, isyour sole responsibility.
You agree that use of any information obtained via the Site or Services is at your own risk.
Consequences of Unacceptable Use
We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement
. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Site and Services in any manner.
No Licensing
By your use of the Site or the Services you receive no license, express or implied, under any copyright, trademark, patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Crescentic Digital.
Printing
You may print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any Crescentic Digital products, provided that you leave any copyright or trademark information intact and unchanged. You may forward, distribute, and/or photocopy copyrighted materials of Crescentic Digital located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a website. Other than as specifically set out in this paragraph you may not copy (whether by printing onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
You may not frame this Site or use our proprietary marks as meta tags. These marks include, but are not limited to Crescentic Digital. You may not use frames or utilize techniques or technology to enclose any content included on the Site.
Trademark and Copyright
Crescentic Digital trademarks and services marks are marks of Jiva InfoTech, Inc. Marks of third parties may appear on this Site when referring to those entities or their products or services. Third party marks displayed on this site are owned by their respective owners.
The material contained in this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted or distributed except as expressly permitted by these General Terms. Use of the materials in any other way or for any purpose other than for personal, noncommercial use is a violation of Crescentic Digital’s copyright and other proprietary rights.
Permission for all other uses of materials must be obtained from Crescentic Digital in advance in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of Crescentic Digital.
Copyright Infringement Complaints
Crescentic Digital respects the intellectual property rights of others. If you believe your work has been copied or otherwise infringed on this Site, you may submit a notice of same to Crescentic Digital, pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(3).
To be effective under the DMCA your notice must be in writing and include the following:
- 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 Crescentic Digital to locate the material.
- Information reasonably sufficient to permit Crescentic Digital to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of an effective copyright notice, Crescentic Digital will expeditiously investigate and take appropriate actions pursuant to the DMCA, which may include the removal of, or the disabling of access to, the complained-of material
Counter Notification
If you believe a copyright infringement notification has wrongly been filed against you, you may submit a counter notification to Crescentic Digital. To be effective, a counter notification must be a written communication provided to Crescentic Digital that includes substantially all of the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number.
- A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Crescentic Digital may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
- Under appropriate circumstances Crescentic Digital may terminate subscribers or account holders who are repeat infringers.
Please note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by Crescentic Digital, as a result of Crescentic Digital relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Please consult with legal counsel before filing a copyright infringement notification or a counter notification pursuant to the DMCA.
