 |
 |
 |
 |
 |
 |
 |
|
|
|
|
| ||
|
Terms and Condition of use of the SVIPLA Website All materials posted on this site (the SVIPLA Information) are subject to copyrights owned by the Silicon Valley Intellectual Property Law Association (SVIPLA) and other individuals or entities. Any reproduction, retransmission, or republication of all or part of any document found on this site is expressly prohibited, unless SVIPLA or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved. The names, trademarks, service marks and logos of SVIPLA appearing on this site may not be used in any advertising or publicity, or otherwise to indicate SVIPLA's sponsorship of or affiliation with any product or service, without SVIPLA's prior express written permission. SVIPLA makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the SVIPLA Information. SVIPLA shall not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the SVIPLA Information or for any damages resulting therefrom. Users entering materials on any of these Web pages are responsible for the content of that material. SVIPLA has no responsibility for the content of any messages or information posted by users. However, SVIPLA retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete from the service any third-party material that SVIPLA deems to be illegal, offensive or otherwise inappropriate. Use of SVIPLA Content. SVIPLA authorizes You to view and access a single copy of the content available on or from the SVIPLA web site solely for your personal use. The contents of the SVIPLA web site, and of all other Web sites under SVIPLA's control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other SVIPLA content (collectively, "SVIPLA Content"), are protected under both United States and foreign copyright, trademark and other laws. All SVIPLA Content is the property of SVIPLA or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the SVIPLA Sites is the exclusive property of SVIPLA and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the SVIPLA Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original SVIPLA Content on any authorized copy You make of the SVIPLA Content. You agree not to sell or modify the SVIPLA Content or reproduce, display, publicly perform, distribute, or otherwise use the SVIPLA Content in any way for any public or commercial purpose, in connection with products or services that are not those of the SVIPLA web site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits SVIPLA or its licensors, that dilutes the strength of SVIPLA's or its licensorís property, or that otherwise infringes SVIPLA's or its licensorís intellectual property rights. You further agree to in no other way misuse SVIPLA Content that appears on this Site. The use of the SVIPLA Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that SVIPLA creates to generate or display any SVIPLA Content or the pages making up any SVIPLA Site is also protected by SVIPLA's copyright and you may not copy or adapt such code. Third Party Web Pages Users may through hypertext or other computer "links" gain access to other sites on the Internet that are not part of SVIPLA's Web pages. SVIPLA assumes no responsibility for any material outside of SVIPLA's Web pages that may be accessed through any such "links," and does not exert any editorial or other control over those other sites. The SVIPLA web site contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by SVIPLA of the contents on such third-party Web sites. SVIPLA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk. This includes links to the Thriva web site. While SVIPLA provides information to the Thriva web site, SVIPLA makes no representation about accuracy of the Thriva web site, and users use the Thriva web site at their own risk. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement. If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any SVIPLA Site and is accessible on such SVIPLA Site in a way that constitutes copyright or trademark infringement, please notify SVIPLA by sending an email to the svipla@yahoo.com email address, and copying the listed email addresses of the President, Vice President, Secretary and Treasurer of SVIPLA as listed on the SVIPLA web site. As SVIPLA is a volunteer organization, a response may take longer to receive than would be expected with a for-profit enterprise. SVIPLA's Liability. The SVIPLA web site acts as a venue for employers to post job opportunities and does not screen or censor the listings beyond a minimal initial review. SVIPLA is not involved in the actual transaction between employers and candidates. As a result, SVIPLA has no control over User Content, the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and SVIPLA makes no representations about any jobs or User Content on the SVIPLA web site. SVIPLA may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for SVIPLA, damage SVIPLAís brand or public image, or cause SVIPLA to lose (in whole or in part) the services of its ISPs or other suppliers. While SVIPLA reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the SVIPLA web site from time to time, SVIPLA does not assume any obligation to do so and disclaims any liability for failing to take any such action. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the SVIPLA web site and/or the other SVIPLA Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the SVIPLA web site and/or the other SVIPLA Sites. Because User authentication on the Internet is difficult, SVIPLA cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any SVIPLA Site, in the event that You have a dispute with one or more Users, You release SVIPLA (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The SVIPLA Sites and the SVIPLA Content may contain inaccuracies or typographical errors. SVIPLA makes no representations about the accuracy, reliability, completeness, or timeliness of any SVIPLA Site or the SVIPLA Content. The use of all SVIPLA Sites and the SVIPLA Content is at your own risk. Changes are periodically made to SVIPLA Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the SVIPLA Sites. Employers are solely responsible for their postings on SVIPLA Sites. SVIPLA is not to be considered to be an employer with respect to your use of any SVIPLA Site and SVIPLA shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any SVIPLA Site. SVIPLA cannot guarantee and does not promise any specific results from use of the SVIPLA web site or any SVIPLA Site. No advice or information, whether oral or written, obtained by a User from SVIPLA or through or from the SVIPLA web site or any other SVIPLA Site shall create any warranty not expressly stated herein. Disclaimer of Warranty. SVIPLA DOES NOT WARRANT THAT ANY SVIPLA SITE WILL OPERATE ERROR-FREE OR THAT ANY SVIPLA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SVIPLA SITE OR THE SVIPLA CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SVIPLA IS NOT RESPONSIBLE FOR THOSE COSTS. THE SVIPLA SITES AND SVIPLA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SVIPLA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SVIPLA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SVIPLA CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. Disclaimer of Consequential Damages. IN NO EVENT SHALL SVIPLA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SVIPLA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SVIPLA SITE AND THE SVIPLA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SVIPLA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability. SVIPLA'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SVIPLA SITE OR YOUR USE OF THE SVIPLA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any SVIPLA Site. Indemnity. You agree to defend, indemnify, and hold harmless SVIPLA, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any SVIPLA Site, (ii) your use of any SVIPLA Content, or (iii) your breach of the terms of these Terms. SVIPLA shall provide notice to You promptly of any such claim, suit, or proceeding. General. SVIPLA makes no claims that the SVIPLA Content may be lawfully viewed or accessed outside of the United States. Access to the SVIPLA Content may not be legal by certain persons or in certain countries. If You access a the SVIPLA web site or other U.S.-based SVIPLA Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having 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 these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, SVIPLAís failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect SVIPLAís ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the SVIPLA web site, a particular "Legal Notice," or software license or material on particular the SVIPLA web site pages, these Terms constitute the entire agreement between You and SVIPLA with respect to the use of the SVIPLA web site. No changes to these Terms shall be made except by a revised posting on this page. No Practive of Law or Provision of Legal Advice. The SVIPLA web site does not provide legal advice and no part of the SVIPLA web site is provided for the purpose of practicing law. Any legal question you may have should be addressed to a qualified and licensed legal practitioner. Additional Terms. Certain areas of the SVIPLA web site and the other SVIPLA Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. SVIPLA Website Privacy Policy The following explains the privacy policy of SVIPLA. Please read this thoroughly in order to ensure that you understand the circumstances under which SVIPLA collects data regarding users of the SVIPLA Web Site and under which SVIPLA may release such information to third parties. SVIPLA (hereinafter "SVIPLA", "We", "Us", or "Our") has created this Web Site Privacy Policy (hereinafter the "Privacy Policy") in order to inform you (hereinafter "You", "Your", or "Yourself") as a user of the Web Site (hereinafter the "Site") of the circumstances under which We collect information and data from You. This Privacy Policy also serves to inform You about the circumstances under which We will release information about You to third parties. By using the Site and accessing the content contained within it, You agree to the following terms and conditions. 1. Types of Information Collected a. Traffic Data Collected. SVIPLA automatically gathers general statistical information about visitors to the Site. Accordingly, SVIPLA may automatically track and collect certain technical information from You when You visit the Site. This may include: (i) Your IP address; (ii) Your domain server; (iii) Your type of computer; (iv) Your type of browser (v) the pages You viewed and (vi) the goods and services You purchased (hereinafter collectively ìTraffic Dataî). Traffic Data is anonymous information which does not personally identify You, but which may be used for improving Your experience on the Site. Traffic Data may be provided to third parties. SVIPLA may also use ìcookiesî for specific purposes such as customizing content specific to Your interests, or storing Your password so that You do not have to re-enter it each time You visit the Site. A cookie is a small amount of data that is sent to Your browser from a web server and stored on Your computerís hard drive. Preference and options configurations in Your browser determine if, and how, a cookie will be accepted. You can change those configurations on Your computer if You desire. By changing Your preferences, You can accept all cookies, You can be notified when a cookie is set, or You can reject all cookies. If You do so and cookies are disabled, You may be required to re-enter Your information more often and certain features of Our site may be unavailable. b. Personal Information Collected. In order for You to access certain areas of the Site, to receive certain services or to register to attend meetings, or to purchase products that SVIPLA offers via the Site, SVIPLA may require You to provide Us with information that personally identifies You (ìPersonal Informationî). Personal Information may include: (i) contact data such as Your name, mailing address, e-mail address and telephone number (ìContact Dataî); (ii) financial data such as Your account or credit card number (ìFinancial Dataî); and (iii) demographic data such as Your zip code (ìDemographic Dataî). If You communicate with Us by e-mail, post messages to any of Our chat groups, bulletin boards or forums, or otherwise complete online forms, or surveys, any information provided in such communication may be collected as Personal Information. c. Information Collected by Thriva. Thriva is a third-party service which handles registration of attendees at SVIPLA events, event management, and collection of membership dues on behalf of SVIPLA. While SVIPLA contracts with Thriva for these services, SVIPLA does not exercise control over information collected by Thriva, regardless of whether a user reaches the Thriva site through interaction with the SVIPLA web site or through another interaction. Thus, SVIPLA cannot make any representation about information collected by Thriva. 2. Use of Information Collected SVIPLA may use Traffic Data to improve Our marketing and promotional efforts, to analyze Site usage, to improve Our content and product and service offerings and to customize Our siteís content, layout, and services. We may also use Traffic Data to help diagnose problems with Our server, to manage Our Website and to enhance Our site based on the usage pattern data We receive. SVIPLA uses Contact Data to send You information about SVIPLA, its meetings, products and services, or promotional material from some of Our partners. We may also use Your Personal Information to deliver information to You that, in some cases, is targeted to Your interests, such as new services and promotions. We may also ask You to provide Us voluntarily with additional information regarding Your personal or business interests, experience or requests which We may use to customize Our services for You. SVIPLA may use the Contact Information to contact You when necessary or to advise you regarding upcoming meetings, new product and service offerings and communications relevant to Your use of the Site. SVIPLA will use Your Financial Data to bill You for registration fees for meetings, and products and services when You have authorized such. SVIPLA may use Your Demographic Data to customize and tailor Your experience on the Site, displaying content that SVIPLA think You might be interested in and according to Your preferences. 3. Disclosure of Information To Third Parties SVIPLA may disclose Traffic Data to third parties. SVIPLA may share Demographic Data with advertisers and other third parties. SVIPLA may share Your Contact Data with other companies who may want to send You information about their products or services. SVIPLA will not disclose Your Financial Data other than as expressly provided for herein. SVIPLA presently does not share Demographic Data or Contact Data with other companies, advertisers, or third parties, apart from (1) entities involved in administering the SVIPLA web site and (2) entities involved in event management for SVIPLA. 4. Confidentiality and Security of Personal Information Except as otherwise provided in this Privacy Policy, SVIPLA will keep Your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect Our rights or property; or (c) enforce Our Terms of Service. Your Personal Information is stored on secure servers that are not accessible by third parties. SVIPLA will provide You with the capability to transmit Your Personal Information via secured and encrypted channels if You use a similarly equipped web browser. Whenever You voluntarily disclose personal information online, for example on message boards, through e-mail or in chat areas, that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while We try to protect Your personal information, We cannot ensure or guarantee the security of any information You transmit to Us, and You do so at Your own risk. 5. Data Collection From Children SVIPLA does not knowingly collect any information from children. 6. Other Limits to Your Privacy The Site contains links to other web sites. SVIPLA is not responsible for the privacy practices or the content of such web sites. SVIPLA may also make chat rooms, forums, message boards, and news groups available to You. Please understand that any information that is disclosed in these areas becomes public information. SVIPLA has no control over its use and You should exercise caution when deciding to disclose Your Personal Information. 7. Updates and Changes to Privacy Policy SVIPLA reserves the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. | ||
| ||