2. Use of Materials
The Site is for your personal use only. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
All information, functions and materials (“Materials”) contained on the Site are the copyrighted property or the copyrighted property of Early Ascent or Early Ascent’s licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to Early Ascent and/or Early Ascent’s licensors or licensees. We may change the Site or delete Materials or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Materials from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular Materials, you may download one copy of such Materials to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Materials, in whole or in part, and (c) do not use the Materials in an unlawful manner or in a manner that suggests an association with any of Early Ascent’s products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the Site is prohibited.
In the event that we offer downloads of software on the Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Early Ascent or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.
ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EARLY ASCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
4. Blogs and Forums
In the event you post, upload or otherwise provide Materials to, in or through a blog, forum, social media community or similar areas (collectively, “Forums”), you grant to Early Ascent, its employees, directors, officers, licensees and assigns and each of their respective designees a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of Early Ascent, its assigns or designees throughout the universe in perpetuity in any and all media now or hereafter known.
5. Rules of Conduct for Forums
By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:
· Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the Site content appears to be intended as a means of solicitation as determined by Early Ascent in its sole discretion;
· Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
· Provides any non-public information about Early Ascent or any other company or person without the proper authorization to do so. This includes providing the names, email addresses, and phone and extension numbers of Early Ascent employees and Forum participants;
· Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, denial of service attacks or attempts to avoid messaging blocking;
· Impersonates any person or entity, including an Early Ascent employee or forges any TCP-IP packet header, e-mail header or any part of a message header:
· Attacks or insults another Forum user or administrator/moderator;
· Violates any law, rule or regulation.
In no event shall this Site or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit) arising out of the use or inability to use the materials on this Site, even if this Site or a Site authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
This Site has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by this Site. Use of any such linked site is at the user’s own risk.
10. Governing Law and General Provisions