04-07-2008 12:46 PM - last edited on 01-11-2013 04:34 AM by Gayathri_R
The text of the Terms of Service agreed to while registering on the Norton Community:
TERMS OF SERVICE
The Norton Community and its associated boards, blogs, and discussion forums (the "Community Website") and related services (the "Services") are provided by Symantec Corporation together with its Affiliates (collectively, "Symantec", "us", and "our", and "we").
1. TERMS OF SERVICE AND UPDATES THERETO
Use of Documents
The information on the Community Website is protected by copyright. Except as otherwise indicated on the site, you may download, view, copy and print documents, including graphics incorporated in the documents, that Symantec publishes on the Community Website ("Documents") such as (without limitation) white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes, and may not be copied or posted on any network computer or broadcast in any media; (b) any copyright and proprietary notices are replicated in any copies of the Documents; and (c) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other content from the Community Website in whole or in part without the express authorization of Symantec. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the layout or design of this website. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly set forth herein.
Use of Software
Any Symantec software and accompanying documentation you download or access through the Community Website ("Software") is the copyrighted work of Symantec and/or a third party software provider. Use of the Software is subject to the terms of an end user software license agreement ("EULA") that accompanies or is included with the Software. An end user will be unable to install any Symantec Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the EULA. All rights, title and interest not expressly granted are expressly reserved by Symantec. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except where expressly provided otherwise, pursuant to Section 10, all Symantec Software is provided on an "as is" basis, and Symantec expressly disclaims all warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, trial ware (if any) has not been validated by Symantec, may possess errors or bugs, or may cause issues if used in conjunction with other software. Use of such trial ware is solely at your own risk.
Use of Forums and Public Communication
You agree not to upload, email, post, publish, distribute or otherwise transmit through the Community Website any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
These Terms of Service may be updated, deleted, or modified by Symantec from time to time, at its sole discretion, without prior notice. In the event Symantec does change these Terms of Service, Symantec may notify you about those changes by email, postal mail, postings of update notices or "Community Updates" section of the Community Website, or otherwise. The notice will give you the opportunity to refuse to comply with the changes by taking certain action specified in the notice. However, please note that if you do elect to refuse to accept such changes, Symantec will terminate your access to the Community Website and the Services. In any event, you agree that (a) your failure to opt-out of the changes to these Terms of Service within ten (10) days after Symantec provides notice thereof, or (b) your continued use of or access to the Community Website and/or the Services after Symantec provides such notice, will constitute your acceptance of such changes.
Other Uses of Materials from the Community Website. Any uses of the information from this site that differ from those described above must be authorized in writing by the Director of the Community Website, who may be contacted to request permission to use information that differs from provisions listed herein. Any posts regarding policies, products or services may be updated, deleted, or modified by Symantec from time to time, at its sole discretion, without prior notice.
2. DESCRIPTION OF THE COMMUNITY WEBSITE AND THE SERVICES
The Community Website and Services are designed to create and support an online community where, subject to all of their obligations under the applicable agreement, or other pertinent Symantec-related agreements: (a) Symantec customers or partners can share their experiences about Symantec services and about business in general and (b) Symantec customers, partners, developers, and end users can more easily receive information from Symantec about Symantec services or any related business processes. Certain services or areas of the Community Website may not be available to all Symantec customers or partners. You agree not to use any services, or access any areas of the Community Website, that Symantec has not specifically authorized you to use or access.
3. EXPORT COMPLIANCE AND REGISTRATION
You may not access, download, use or export the Community Website, or the Forum Content provided on the Community Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Symantec in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Symantec outside the U.S. Neither the Services of Symantec nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iraq, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Restricted Rights Legend.
Any Symantec software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Symantec Corporation, XXX
4. DISCUSSION FORUMS AND FORUM CONTENT
Symantec may offer you access to one or more discussion forums, chat areas, bulletin boards, news group, blog, wiki, email, or other service in which you can upload, email, post, publish or otherwise access or transmit Forum Content, as defined below ("Discussion Forums"), where users may access Symantec product information, development tools, agents, utilities, pre-release, experimental or commercially available Symantec software products, as well as post questions and discuss issues related to Symantec software with other customers, and, in certain appropriate forums, post scripts or sample code for discussion purposes (collectively, "Forum Content").
You acknowledge that all Forum Content may be viewed and copied by other visitors to this Community Website, and that you are responsible for understanding and complying with all of your legal obligations about protecting the proprietary and confidential nature of Symantec products and services in choosing what to post or upload. Furthermore, you acknowledge that some of the Symantec software may be experimental or pre-release software, and notwithstanding anything to the contrary herein, Symantec expressly disclaims any and all warranties of any kind, express, implied or statutory with respect to such Symantec software, including without limitation, the warranties of non-infringement, title, merchantability, fitness for a particular purpose, and Symantec provides no warranties or representations of any kind with respect to the completeness, accuracy or fitness of any such Symantec software.
You agree that Symantec is not responsible for and will have no liability in connection with any Forum Content posted or uploaded to the Discussion Forum by you or other users. Symantec does not specifically monitor, ensure or confirm accuracy of, or provide input or support for these Discussion Forums. Rather, Symantec sponsors these discussion forums as a platform or venue for Symantec customers and other third parties to participate in the exchange of ideas and product expertise. All such information is provided on a voluntary basis. Without limiting the foregoing, Symantec has and shall have no liability regarding the accuracy of such Forum Content, and you use such Forum Content entirely at your own risk. You hereby release Symantec, and our officers, directors, agents, subsidiaries, joint ventures, and employees, from claims, demands, and damages, including actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any and all Forum Content. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. ACCEPTABLE USE AND CONDUCT
Symantec does not control or endorse the content, messages or information found in any Forum Content and, therefore, Symantec specifically disclaims any liability with regard to the Community Website and associated Services and any actions resulting from your participation in any of the foregoing. Symantec hosts or participants not authorized Symantec spokespersons, and their views do not necessarily reflect those of Symantec. You are solely responsible for your interactions with others through the Community Website and the Services. Participants are asked to refrain from posting advertisements or solicitations not pertaining to the intended use and purpose of the Discussion Forums. Specifically and without limitation, you shall not upload, email, post, publish, distribute or otherwise transmit any Forum Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Community Website to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Symantec, you agree not to collect or store personal data about other users. You acknowledge and agree that your conduct, and the form and content of Forum Content that you post or upload to the Community Website, are your sole responsibility. Symantec cannot and does not make any guarantee with respect to the accuracy, inoffensiveness, or suitability of any content that appears on the Community Website. Always use caution when choosing to voluntarily disclose any personally identifiable information about yourself. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Symantec, however, reserves the right to improve the Community Website and the Services by prohibiting certain conduct and, at its sole discretion, removing Forum Content (including without limitation, illegal, outdated or inaccurate information, profanity, personal attacks, slurs and the like, and/or banning individuals from participating in any or all of the Discussion Forums) to better enhance your experience with and use of these sites), and by administering and moderating the Community Website. Consequently, you agree not to:
- Upload, post, email, transmit, or otherwise make available any Forum Content that is unlawful, harmful (including Forum Content that is harmful to Symantec's reputation), threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
- Use the Community Website or the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- Impersonate any person or entity
- Violate the legal rights of another party, such as by infringing another's intellectual property rights through the posting or uploading or use of Forum Content (including without limitation, photographs or images), and further including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) or any other proprietary rights unless you own or control the rights thereto or have received all necessary consent to do the same.
- Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Community Website or the Services
- Use the Community Website, Discussion Forums, or the Services to compile commercial, political, or charitable mailing lists or to facilitate the transmission of spam, junk mail, chain letters, or obscene or profane content
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials (including sweepstakes materials)
- Post direct links to executable files (.exe) that are not from a Symantec domain
- Harvest or otherwise collect information about others, including e-mail addresses
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Restrict or inhibit any other user from using and enjoying the Community Website, Discussion Forums, or Services
- Create multiple accounts on the Community Website, or create a false identity for the purpose of misleading others
- Solicit kudos or solutions from other forum users to their own posts
- Violate any applicable laws or regulations; or
- Engage in tortious talk, harass, threaten any other individual, or engage in other disruptive conduct in a Discussion Forum.
Supplementary Rules, Policies, and Participation Guidelines
In addition to these Terms of Service, you will comply with all supplementary rules, policies, and participation guidelines applicable to the Community Website, Discussion Forums, or the Services, either posted on the Community Website or which otherwise may be provided to you from time to time. Such rules and policies are hereby incorporated by reference into these Terms of Service You agree to periodically review all additions, deletions and/or changes to the as and/or other changes to the Community Website, Discussion Forums, and to cease all use of the site if you are unable to agree to these changes. Your continued use of the site after such changes have been made constitutes your constructive agreement to the revised terms.
Except for ideas submitted through the Norton Ideas section of the Community Website described below, you hereby grant to Symantec a perpetual, irrevocable, worldwide, royalty free, nonexclusive, and fully sub-licenseable right and license to use, reproduce, distribute, publicly perform, publicly display, and create derivative works of all non Symantec-owned materials, including Forum Content, that you post or upload, or send to Symantec through the Community Website ("Submissions"), and such foregoing rights include the right to distribute such Submissions in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Submissions have been waived. Furthermore, by posting or uploading any Submissions, you represent and warrant that you own, control or otherwise have all of the rights, including intellectual property rights, necessary to do so, and to grant to Symantec the license set forth in the preceding sentence. No compensation will be paid with respect to the use of your Submission, as provided herein. Symantec is under no obligation to post or use any Submission you may provide and Symantec may remove any Submission at any time in its sole discretion. For any idea submitted by You through the Norton Ideas section of the Community Website, please see Section 6 below.
In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted hereunder, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth hereunder, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted hereunder, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the date on which you removed such Images.
Linking to The Community Website(s)
The Community Website(s) permits anyone to link to this/these websites subject to the linker's compliance with the following terms and conditions: A site that links to this/these website(s):
- May link to, but not replicate, content contained herein;
- Must not create a border environment or browser around Forum Content contained herein;
- Must not present misleading or false information about Symantec, its members, agents, employees or representatives and/or any related products or services
- Must not misrepresent the linker's relationship with the Community Website(s);
- Must not imply that the Community Website(s) endorse or sponsor the linker or the linker's services or products;
- Must not use the logos or trade dress of the Community Website(s);
without prior written permission.
Symantec reserves the right to investigate and take appropriate legal or other appropriate action without further notice against anyone who violates this provision, which may include without limitation the blocking, filtering or deletion of any inappropriate Forum Content, the revocation of access to certain Discussion Forums, immediate termination of your account, and removal from the Community Website and the Services.
6. SYMANTEC INTELLECTUAL PROPERTY
This Community Website, including the Discussion Forums, contains the valuable intellectual property of Symantec. You may use such intellectual property as necessary for you to view the Community Website and participate in the Discussion Forums, as otherwise authorized under these Terms of Service. However, you receive no other licenses or rights, whether express or implied, in any Symantec intellectual property that you may access through this Community Website. Use of the Forum Content is solely at your own risk.
Personal Non-Commercial Use
Unless otherwise expressly specified, Forum Content is for your personal and non-commercial use, and is provided for the sole purposes of viewing and discussing such Forum Content in the Discussion Forums. Unless expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the Discussion Forums.
You agree not to use the Community Website for any purpose that is unlawful or prohibited by these Terms of Service or the rules, guidelines or Terms of Service posted for a specific area of the Community Website. You may not access or use the Community Website in any manner that could damage, disable, overburden, or impair any Symantec accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Community Website or any Symantec accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Community Website or any Symantec accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Community Website or any Symantec accounts, computer systems or networks without Symantec's express written permission.
Unsolicited Idea Submission Policy
Except for ideas submitted through the Norton Ideas section of the Community Website described below, Symantec does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other such works. In this manner potential misunderstandings and/or disputes may be avoided. Any such materials, if sent by you, will NOT be treated as confidential or proprietary.
The Norton Ideas section of the Community Website enables You to submit ideas for Norton products directly to the Norton product development team. These ideas could be anything from a new feature to a product improvement (each a “Norton Idea”). If You submit a Norton Idea, You agree that: (a) Symantec may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Norton Idea in any Symantec product, specification or other documentation, in any manner whatsoever; and (b) You will not give Symantec any Norton Idea (i) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to license terms that seek to require any Symantec product incorporating or derived from any Norton Idea, or other Symantec intellectual property, to be licensed to or otherwise shared with any third party. No compensation will be due to You or paid with respect to the use of any Norton Idea that you submit as provided herein. Symantec is under no obligation to post or use any Norton Idea submitted by You, and Symantec may remove any Norton Idea submitted by you from the Community Website at any time in its sole discretion.
From time to time, you also may be granted download access to executable software code via the Community Website. You understand and agree that your use of that software is subject to the terms and conditions of the applicable software agreement or other agreement executed or accepted by you, you may not modify, translate, reverse engineer, decompile, or disassemble such software, and that these Terms of Service do not grant you any rights with respect to such software.
Symantec, the Symantec Logo, and other related graphics, logos, service marks, and trade names used on the Community Website are the trademarks of Symantec and may not be used without express written permission. Other identifiers that may appear on the Community Website may be the property of their respective owners.
7. TERM AND TERMINATION
You understand that the Community Website and the Services are provided by Symantec as a convenience, but that Symantec may modify, alter, suspend, or discontinue any or all of the Services or the Community Website at any time in its sole discretion.
Symantec may suspend or terminate your account for any reason, including your failure to comply with the Usage Guidelines or other aspects of these Terms of Service. Upon termination of your account for any reason, all your access rights to the Community Website and the Services will immediately cease to exist, and you must promptly discontinue all further use of the Community Website and the Services.
8. THIRD-PARTY SITES
The Community Website and the Services may provide links to other World Wide Web sites or resources. Because Symantec has no control over such sites and resources, you acknowledge and agree that Symantec is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your correspondence or business dealings with third parties found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that Symantec is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You further acknowledge and agree that Symantec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site or resource and understand that you bear all risks associated with the use of such third party content..
You agree to indemnify, defend, and hold harmless Symantec, and its subsidiaries, Affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damages, expenses or other liabilities, including reasonable attorneys' fees, arising out of or relating to (a) any Forum Content you submit, post, transmit, upload, publish, or otherwise make available through the Community Website or the Services; (b) your use or misuse of the Community Website, the Discussion Forums, the Forum Content, or the Services; (c) your connection to the Community Website or the Services; (d) your violation of these Terms of Service or any additional rules, guidelines or Terms of Service posted for a specific area of the Community Website; or (e) your violation of any rights, including without limitation, the intellectual property rights, of a third party.
10. DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, YOUR USE OF THE COMMUNITY WEBSITE, FORUM CONTENT, AND THE SERVICES ARE AT YOUR SOLE RISK. THE COMMUNITY WEBSITE, FORUM CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYMANTEC MAKES NO WARRANTY THAT (i) THE COMMUNITY WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE COMMUNITY WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE COMMUNITY WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE COMMUNITY WEBSITE OR THE SERVICES WILL BE CORRECTED.
11. LIMITATION OF LIABILITY
Limitation of Liability
YOU AGREE THAT YOU ARE VOLUNTARILY AND UNEQUIVOCABLY WAIVING ANY LIABILITY ON THE PART OF SYMANTEC. SYMANTEC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE COMMUNITY WEBSITE, THE FORUM CONTENT, OR THE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SYMANTEC WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE COMMUNITY WEBSITE OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITY WEBSITE OR THROUGH THE SERVICES; OR (iv) THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTIERISTICS. IN NO EVENT SHALL SYMANTEC'S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE COMMUNITY WEBSITE, DISCUSSION FORUMS OR THE SERVICES EXCEED FIFTY U.S. DOLLARS (U.S. $50).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY
12. DIGITAL MILLENNIUM COPYRIGHT ACT
Symantec respects the intellectual property of others. It is our policy to respond promptly to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act ("Act"), Symantec, Inc. has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a Symantec customer or other third party on the Community Website or through the Service, please fax a Notice of Infringement to Symantec addressed to the following person at the following fax number: Chief Legal Officer at 408-517-8121. The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act and must contain the following information as set forth in 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider 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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a separate notice of infringement each time you wish to report alleged acts of infringement and fax it to the number provided.
13. GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and Symantec governing your use of the Community Website and the Services, superseding any prior agreements, whether written or oral, between you and Symantec regarding the subject matter hereof. Of course, you also may be subject to additional and separate terms and conditions that apply when you use or purchase other Symantec products, services, or Affiliate services, or third-party content or software.
For purposes of these Terms of Service, “Affiliate” means any entity that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with Symantec Corporation or any direct or indirect parent company of Symantec Corporation. As used in this definition, “control” means the ability to direct or cause the direction of the management or policies of an entity, whether directly or indirectly through ownership, contract or otherwise.
Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the State of California without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any claims, dispute, controversies, or proceeding arising from or relating to the Online Communities or the Services, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the Northern District of California. You and Symantec agree to submit to the jurisdiction of, and you hereby consent to the exercise of jurisdiction over you by such courts in any such legal action or proceeding. Symantec makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
The failure of Symantec to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
No Assignment or Transfer
You agree that any Symantec registration with the Community Website(s) is non-transferable and these Terms of Service are non-assignable.
If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Community Website or the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
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