1. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that Sandvine publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; (c) the Materials may not be redistributed; and (d) You may not remove any text, copyright or other proprietary notices contained in the Materials.
2. Use of Community Services
Community Services are provided as a convenience to users and Sandvine is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Sandvine products and services, including information from Sandvine employees, they are not an official customer support channel for Sandvine.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Sandvine.
You acknowledge and agree that by accessing or using the Community Services, you may be exposed to Materials (including shared Content) from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Sandvine with respect thereto.
3. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Sandvine or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an “As Is” and “As Available” basis, and Sandvine reserves the right to terminate the permissions granted to you above and your use of the Content at any time.
4. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available on or through the Community Service Content (“Shared Content”) that you have the right and authority to Share and for which you have the right and authority to grant to Sandvine all of the licenses and rights set forth herein. In respect of Shared Content, you grant Sandvine a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Shared Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Shared Content into any Sandvine product or service, and to display, market, sublicense and distribute the Shared Content as incorporated or embedded in any product or service distributed or offered by Sandvine without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Sandvine’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Shared Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
Sandvine does not want to receive confidential information from you through or in connection with the Community Services. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Sandvine on a non-confidential and unrestricted basis.
You have no obligation to provide Sandvine with ideas, suggestions, comments and/or proposals (“Feedback”). However, if you submit Feedback to Sandvine by way of any Community Services, while you retain ownership in such Feedback, you hereby grant Sandvine a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Sandvine is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Sandvine may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Sandvine for the Feedback under any circumstances.
6. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Sandvine websites, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Sandvine accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Sandvine accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Sandvine accounts, computer systems or networks without Sandvine’s express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Sandvine immediately of any unauthorized use of your password(s) or account(s).
7. No Unlawful, Inappropriate or Prohibited Use
In addition, You agreed that you will not use the Site in any manner to (a) stalk, intimidate and/or harass another; (b) incite others to commit violence; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Site; (e) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (f) collect or store data about other users in connection with the prohibited conduct and activities set forth herein.
Sandvine has no obligation to monitor the Community Services or Content that is Shared on or through the Community Services. However, Sandvine reserves the right to review the Community Services and to monitor all use of and activity on the Community Services, and to remove or choose not to make available on or through the Community Services any Content at its sole discretion.
10. Termination of Use
Sandvine may, in its sole discretion, at any time discontinue providing or limit access to the Site or any areas of the Site or Content provided on or through the Site. You agree that Sandvine may, in its sole discretion, at any time, terminate or limit your access to or use of all or some of the Site or any Content. You agree that Sandvine shall not be liable to you or any third-party for any termination or limitation of your access to or use of all or any part of the Site or any Content.
11. Third Party Web Sites, Content, Products and Services
The Site may provides links to Web sites and access to Content, products and services of third parties, including other users, affiliates and related technology providers. Sandvine is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SANDVINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. SANDVINE MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. SANDVINE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
SANDVINE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
13. Limitation of Liability
IN NO EVENT SHALL SANDVINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
14. Exclusions and Limitations
16. Usage by Minors
Minors are not eligible to use the Site, and we ask that they do not submit any information to us.
17. Trademark Usage
The trademarks, logos and service marks displayed on the Site (the “Marks”) are the property of Sandvine or third parties. You are not permitted to use the Marks without the prior consent of Sandvine or the third party that may own the Marks.
18. Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by the laws of the Province of Ontario, Canada. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in the courts of the Province of Ontario, Canada. You and Sandvine agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
19. Contact Information