Terms & Conditions

Effective as of January 1 , 2016

These terms and conditions (the “Terms”) govern your use of this Intertrust Technologies Corporation (“Intertrust”) website (the “Website”). If you do not agree with these Terms, you should immediately cease all use of this Website. You will be deemed to have consented to these Terms by any continued use of this Website.

General Use Restrictions

All information and documents (the “Materials”) provided on this Website were provided by Intertrust or to Intertrust by their owners and authors (the “Third Party Providers”). The Materials are protected by international copyright laws. All rights are reserved.

You have permission to view the Materials through your browser and print for personal or private use provided that you agree: (1) to include both the copyright notice identified below and this permission notice on the Materials, (2) not to sell or transfer for consideration the Materials for anyone’s benefit and not to copy or post any portion of the Materials on any network computer or broadcast in any media or any website, and (3) not to modify any of the Materials. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed Materials.

Nothing on this Website shall be construed as conferring any license or rights under Intertrust or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise.

You are not permitted to use this Website for any other purpose. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

INFORMATION AND CONTENT YOU SUBMIT

The Website may provide you the opportunity to participate and post content publicly in comments to blogs, forums, through interactive features and through other communication functionality (collectively, “Community Forums”). Through the Community Forums, you may choose to submit or post images, videos, writings, questions, comments, or other content (collectively, “User Content”).

You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses granted under these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Intertrust the license below. Upon Intertrust’s request, you will furnish Intertrust any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Intertrust or the Website.

You remain the owner of your User Content, but you acknowledge that Intertrust must have a license from you in order to accept your User Content. Accordingly, you grant to Intertrust and its parents, affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives and employees (each a “Intertrust Party” and, collectively, the “Intertrust Parties”) an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any medium, technology or device now known or hereafter developed.

You further agree that Intertrust is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services, and creating informational articles, without any payment or notice of any kind to you. You authorize Intertrust to publish your User Content in a searchable format that may be accessed by users of the Website and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that Intertrust has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that Intertrust will not have any obligation to you with regard to User Content and that Intertrust may or may not monitor, display, or accept your User Content and may delete it at any time.

USER CONTENT POLICY

When you contribute, upload or otherwise provide User Content to the Website, you agree to comply with the following requirements:

  • Keep User Content relevant. Your User Content should relate to the content on the Website and should be intended to add to the discussion on the Website – it should not include irrelevant topics or postings.
  • Follow codes of social decency. Be respectful. Do not make personal attacks. Express yourself with non-offensive individual self-expression. Cursing, harassing, stalking, posting insulting comments, personal attacks, or gossip, or similar actions are prohibited. Your User Content may not threaten, abuse, or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference, or physical handicap, or that are defamatory, indecent, obscene, or sexually explicit. If you think your User Content might offend someone, chances are that it will – so it does not belong on the Website.
  • Do not use the Website for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Website. You may not use your User Content to raise money, including, without limitation, for a pyramid or other multi-tiered marketing scheme.
  • User Content must be your own. All User Content must be created and owned by you or in the public domain OR all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Website and elsewhere. Upon Intertrust’s request, you will furnish Intertrust any documentation, substantiation or releases necessary to verify your compliance with these Terms. Your User Content should also not contain any visible third-party logos, phrases, trademarks, or other third-party materials.
  • No pictures or images of anyone but you and your friends and family. If you choose to upload or display photos to the Website, link to photos or embedded videos, or include other images of real people, make sure they are only of you or of you and someone you know (but only with that person’s express permission to post it).
  • No music (including lyrics) please. Your User Content may not contain any music unless you wrote and perform it or you have all rights to the work, including any performances. No jingles, sampling, or otherwise using existing music.
  • No User Content that is violent, illegal or inappropriate. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act.
  • Represent yourself truthfully. Do not impersonate any other person, user, or company or upload or post User Content that you know is false, fraudulent, deceptive, misleading, or that misrepresents your identity or affiliation with Intertrust or any other party.
  • Keep private information private. Remember that Community Forums are public and User Content will be accessible and viewable by other users. Do not post personal information about yourself or any other person. If there is something you do not want the world to see, do not post it on the Website.
  • Don’t damage the Website or anyone’s computers. User Content may not contain viruses, bugs, spyware or any other technologies that could impact the operation of the Website or any computer system. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

USER INTERACTIONS

You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right (but have no obligation) to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Website for any purpose or in any manner that infringes the rights of any third-party. Intertrust encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on a Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Intertrust has a designated agent for receiving notices of copyright infringement and Intertrust follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Intertrust’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (e.g., a URL); (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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.

If you believe that any content on the Website contains content that violates your rights other than copyrights, please provide Intertrust with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (e.g., a URL); (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you. Please send your notice of claims of copyright infringement on or regarding the Website or a complaint regarding alleged violation of rights other than copyrights to Intertrust’s copyright agent, who can be reached as follows:

By Mail:

Intertrust Technologies Corporation,

Attn: Copyright Agent – Legal Department

920 Stewart Drive, Suite 100

Sunnyvale, California 94085

By Fax: (408) 616-1626

By Email: copyright@intertrust.com

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Intertrust will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.

Social Features

You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Website and a third-party website or online service (each, an “Application”), such as enabling you to publicly “share” Website content by posting it from your account on a social networking service. Using such an Application typically requires you to login to your account on the third-party service. By using such Applications, you acknowledge and agree: (i) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Intertrust has not provided such information and (ii) your use of any Application is at your own option and risk and you will hold Intertrust harmless for the sharing of information that results from your use of such Application. You must read all login boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.

Links to this Website

Intertrust reserves the right, upon written request, to prohibit you from linking to this Website.

Links to Third Party Websites

This Website may be linked to other websites which are not under the control of and are not maintained by Intertrust. Intertrust is not responsible for the content of those sites. Intertrust is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Intertrust of those sites. Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. INTERTRUST MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability

INTERTRUST SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL INTERTRUST BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF INTERTRUST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD INTERTRUST HARMLESS FROM, AND YOU COVENANT NOT TO SUE INTERTRUST FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

Local Laws; Export Control

Intertrust controls, maintains and operates this Website from its offices in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

General

This Website could include inaccuracies or typographical errors. Intertrust and the Third Party Providers may make improvements and/or changes to this Website at any time without notice. These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts located in the State of California, County of Santa Clara. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or the right of Intertrust to require strict observance of each of the terms herein. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms represent the entire understanding between us relating to your use of the Website and prevail over any prior or contemporaneous, conflicting or additional communications. Intertrust can revise these Terms at any time without notice by updating this posting.

Trademarks

Intertrust, the Intertrust Logo, Genecloud, the Genecloud logo, and other Intertrust product names, service names, slogans or logos referenced in this Website are trademarks or registered trademarks of Intertrust Technologies Corporation in the United States of America and other countries. All other company, product or service names referenced in this Website are used for identification purposes only and may be trademarks of their respective owners.