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Sidedoor
Software - Information on Legal Statements
Updated: Thursday, May 19, 2005
Thank you for visiting Sidedoor Software. The Sidedoor Software website has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Terms of
Use"). Please read this document carefully before accessing
or using the Sidedoor Software website. By accessing or using
this website, you are agreeing to be bound by the Terms of Use.
If you do not wish to be bound by the Terms of Use, you may not
access or use the website.
On This Page
Modification of these Terms of Use
Privacy
Electronic Communications
Copyright and Licenses
License and Website Access
Disclaimer of Warranty/Limitation of Liability
Third Party Links
Applicable Law
Disputes
Indemnification
International Use
Other Provisions
Modification of these
Terms of Use
Sidedoor Software reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective
immediately upon posting of such changes. You are therefore responsible
for regularly reviewing these Terms of Use
and additional terms or notices posted on the Sidedoor Software
website. Your continued access of this website shall be deemed your
conclusive acceptance of the modified agreement.
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Privacy
Please review our Privacy Statement,
which also governs your visit to Sidedoor Software, to understand
our practices regarding the use and disclosure of your personal
information.
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Electronic
Communications
When you visit Sidedoor Software or send e-mails to us, you are
communicating with us electronically, and thereby you are consenting
to receive communications from us electronically or by other means
available. We will communicate with you electronically, by telephone
or by facsimile. It is further understood that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
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Copyright and
Licenses
The entire contents of this website, including but not limited to:
Text, graphics, logos, button icons, Flash movies, images, audio
clips, digital downloads, data compilations, and software, are the
property of Sidedoor Software, its content suppliers or it's clients
and are protected by Domestic and International copyright and trademark
laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, or distribute any portion of the website contents without
the prior express written consent of Sidedoor Software.
You may print or download portions of the materials from various
areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials.
Your submissions of files including, but not limited to: Resumes,
e-mail, flash movies, images, logos, audio loops, and other software
hereby constitutes your agreement to grant Sidedoor Software a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license, to reproduce,
distribute, transmit, modify, adapt, sub-license, and publicly display
any such submissions. You also grant Sidedoor Software the right
to utilize your name in connection with all advertising, marketing
and promotional materials related thereto.
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License and
Website Access
Sidedoor Software grants you limited license to access and make
personal use of this website and not to download (other than for
page caching purposes) or modify it, or any portion of it, except
with the express written consent of Sidedoor Software. This website
or any portion of this website may not be reproduced, duplicated,
adapted, copied, sold, resold, transmitted or otherwise exploited
for any commercial purpose without the express written consent of
Sidedoor Software. You may not frame, or use any framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, flash movie, page layout, or form) of Sidedoor
Software without the express written consent of Sidedoor Software.
You may not use META tags or any other "hidden text" which
utilize ArtificialLIght.net, Sidedoor Software or any other derivative
of our domain or company name without the express written consent
of Sidedoor Software. You are hereby granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of
Sidedoor Software so long as the link does not portray any false,
misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Sidedoor Software cannot
and does not guarantee or warrant that files made available for
downloading through the Sidedoor Software website will be free of
infection or viruses, worms, Trojan horses or other code that manifests
contaminating or destructive properties. It is your responsibility
for implementing sufficient safeguards and procedures to ensure
that any files obtained through Sidedoor Software are free from
such contaminations.
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Disclaimer
of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY SIDEDOOR SOFTWARE
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIDEDOOR
SOFTWARE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIDEDOOR SOFTWARE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. SIDEDOOR SOFTWARE DOES NOT WARRANT THAT THIS
WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SIDEDOOR SOFTWARE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIDEDOOR SOFTWARE WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SIDEDOOR SOFTWARE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS WEBSITE. SIDEDOOR SOFTWARE ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS
OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT
IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION,
SIDEDOOR SOFTWARE SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS
PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED
BY SIDEDOOR SOFTWARE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO
RETURN IT TO SIDEDOOR SOFTWARE FOR A REFUND. ALL POSTAGE REQUIRED
TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
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Third Party
Links
Linked websites are not under the control of Sidedoor Software and
Sidedoor Software is not responsible for the contents of any linked
site or any link contained in a linked site. Sidedoor Software provides
links to you only as a convenience, and the inclusion of any link
does not imply or constitute an endorsement by Sidedoor Software
of the site.
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Applicable
Law
By visiting the Sidedoor Software website, you agree that the laws
of the state of Florida, without regard to principals of conflict
of laws, will govern these Terms of Use
and any dispute of any sort that might arise between you and Sidedoor
Software.
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Disputes
Any dispute relating in ay way to your visit or access of the Sidedoor
Software website or to the products or services you purchase through
the Sidedoor Software website shall be submitted to binding arbitration
in Orange County, Florida, except that, to the extent you have in
any manner violated or threatened to violate Sidedoor Software's
intellectual property rights, Sidedoor Software may seek injunctive
or other appropriate relief in any state or federal court in the
state of Florida, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under these Terms
of Use shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under these Terms of Use
shall be joined to an arbitration involving any other party subject
to these Terms of Use, whether through
class arbitration proceedings or otherwise.
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Indemnification
You agree to indemnify, defend and hold harmless Sidedoor Software,
its officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the website
from and against all losses, expenses, damages and costs, including
attorney's fees, resulting from any violation of these Terms
of Use (including negligent or wrongful conduct) by you or your
use and access of the Sidedoor Software website.
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International
Use
Given the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
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Other Provisions
Sidedoor Softwares failure to insist upon or enforce strict performance
of any provision of these Terms of Use
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall
act to modify any provision of these Terms
of Use. Sidedoor Software may assign its rights and duties under
these Terms of Use to any party at any
time without notice to you. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly granted herein
are reserved.
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