Datavision Acceptable Use Policy
Effective Date: 08-05-2020
ACCEPTANCE OF TERMS:
Datavision Technologies, Inc., a Florida corporation (“Datavision”), makes this website (the “Site”), including all content and links available through this Site (collectively the “Materials”) and all services operated by Datavision through this site (collectively the “Services”), available for your use subject to the terms and conditions of this document, as may be amended from time to time by Datavision in its sole discretion, and the provisions of the “License Agreement” (defined below) or other agreements between you and Datavision (collectively the “Acceptable Use Policy”). By accessing or using this Site in any way, including the use of any Services and/or the use or downloading of any Materials, you agree to be bound by this Acceptable Use Policy.
USE OF MATERIAL:
Except as expressly provided in this document or on this Site to the contrary, permission to download, use, and print Materials or any portion thereof, including press releases, datasheets, FAQs and other information, is granted subject to the following conditions and all other restrictions and limitations set forth in the Acceptable Use Policy or posted on the Site: (i) the Materials may be used only for non-commercial, personal or internal purposes, or as permitted under the License Agreement; (ii) the Materials may not be modified or altered in any way or as permitted under the License Agreement (iii) you may not create derivative works from the Materials; (iv) the Materials may not be distributed or sold, republished, leased, transferred, or licensed to others in whole or in part in any manner; (v) you may not remove any copyright or other proprietary notices; (vi) Datavision reserves the right to revoke any authorization to view, download, and/or print Materials at any time, and any use shall be discontinued immediately upon notice from Datavision; and (vii) the rights granted to you constitute a license and not a transfer of title or any other ownership or other interest of any kind. Materials specified above do not include the design or layout of the DatavisionTech.com website or any other Datavision-owned, operated, licensed, or controlled site. Elements of Datavision’s websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Datavision website may be copied or retransmitted unless expressly permitted in writing by Datavision.
All Materials and Services and all portions thereof are protected by copyright, trademark, patent, and/or other intellectual property laws and rights, and any unauthorized use of the Materials or Services may violate such laws and the Acceptable Use Policy and is otherwise prohibited or restricted. Except as expressly provided herein, Datavision and its suppliers, agents and representatives do not grant any express or implied rights to use the Materials and Services and nothing herein or in the Site shall be construed as a grant of any rights of any kind in the intellectual property of Datavision, its affiliates or vendors. You agree not to copy, publish or republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, Materials, or Services, except as expressly authorized in writing in advance by Datavision or as expressly provided herein.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Datavision or others. You are not permitted to use the Marks without the prior written consent of Datavision or other owners of the Marks. “Datavision” and the Datavision logo are the registered trademarks of Datavision Technologies, Inc.
SOFTWARE AVAILABLE ON THIS SITE:
Any software available from this Site (“Software”) is the copyrighted work of Datavision and/or its suppliers. Use of the Software is governed by the terms of the License Agreement that is purchased and accompanies the Software (“License Agreement”). An end user may not, and may be unable to, install any Software that is accompanied by or includes a License Agreement, without first agreeing to the License Agreement in a manner acceptable to Datavision. The Software is made available for download solely for use by licensed purchasers according to the terms of the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and/or criminal penalties. Violators may be prosecuted to the fullest extent. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is expressly permitted by the applicable License Agreement. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THE LICENSE AGREEMENT, DATAVISION DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE, INCLUDING WARRANTIES OF MERCHANTABILITY, EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, DATAVISION MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DATAVISION DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT DERIVED FROM SUCH USE. BY USE OF ANY SOFTWARE YOU AGREE TO FULLY RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN DATAVISION SOFTWARE PRODUCTS.
USE OF SERVICES:
Use of Services is at all times subject to posted guidelines, rules, or licenses, in addition to this Acceptable Use Policy. Services offered through the Site may include e-mail, bulletin board services, chat areas, forums, and/or other message or communication facilities designed for communication with others. You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. You agree not to make any use of the Services in any unauthorized way or in any manner inconsistent with the best interests of Datavision, including not to: (i) use the Services in connection with contests, pyramid schemes, chain letters, junk email or spam, spamming or any duplicative or unsolicited messages (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate or threaten to violate any right of others, including privacy; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (iv) upload or otherwise make available files that contain images, photographs, software or other material that is illegal, or is protected by intellectual property laws, including copyright or trademark laws, without all proper consents and waivers; (v) use any material, information, images or photographs available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, (vi) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, botrobots, corrupted files, malware or spyware of any kind, or any other similar software or programs that may damage the operation of another’s computer or property of another; (vii) advertise or offer to sell or buy any goods or services; (viii) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (ix) 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; (x) restrict or inhibit any other user from using; (xi) violate any code of conduct or other guidelines which may be applicable for any particular Service; (xii) harvest or otherwise collect information about others, including e-mail addresses; (xiii) violate any applicable laws or regulations; (xiv) create a false identity for the purpose of misleading others; (xv) 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, (xvi) falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the Site user or point of origin; (xvii) using redirect links or other means to advertise any other website or service; (xviii) posting a message or link to any online forum or newsgroup; (xix) intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail or content intended for any other person; (xx) knowingly deleting any author attributions, legal notices or proprietary designations or labels; and/or (xxi) using, distributing, advertising, transmitting, or otherwise making available any software, application, program, product, or service that is designed to violate this AUP or the AUP of any linked or other site.
In using the Site, Services or Materials, you agree: (i) not to disrupt or interfere with any other user’s use of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another’s account, password, service, or system without authorization from Datavision; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Datavision reserves the right, in its sole discretion and without notice or liability, to delete or remove user content from the Site and to restrict, suspend, or terminate access to all or part of this Site, at any time as necessary or appropriate in our sole and absolute discretion (including our belief that the Acceptable Use Policy and/or any intellectual property laws or rights, have been violated or infringed in any way. Datavision may, but is not obligated to, monitor or review (i) any areas of the Site where users transmit or post user content, including areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any user content. Datavision does not control or endorse user content, messages or information, and to the maximum extent permitted by law, Datavision disclaims all liability related to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and all liability with respect to the misuse, loss, modification, or unavailability of user content.
MEMBER ACCOUNT, PASSWORD, AND SECURITY:
If any of the Services require you to open an account, you must fully complete the registration process by providing current, complete and accurate information, including proper identification, password and user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account, and for all activities related to your account. You must implement adequate security measures to insure that access to your account and to the Services and/or Materials, is strictly limited at all times to yourself and your authorized representatives only. You agree to notify Datavision immediately of any unauthorized use of your account or any other breach of security. Datavision will not be liable for any loss that you may incur in connection with your account, including as a result of someone else using your password or account, either with or without your knowledge. You may be liable for losses incurred by Datavision or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without prior permission of the account holder.
WARRANTIES AND DISCLAIMERS:
THIS SITE AND ALL MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DATAVISION MAKES NO WARRANTY THAT (i) SERVICES AND MATERIALS WILL MEET ANY REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, OR MATERIALS ACCESSIBLE THROUGH THE SITE WILL MEET EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR ERRORS. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) DATAVISION DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING THIRD PARTY VENDORS AND OTHER SITES, INFORMATION OR SERVICES ACCESSIBLE THROUGH LINKS; (ii) DATAVISION MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) DATAVISION SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS AT YOUR DISCRETION AND RISK AND ON CONDITION THAT YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. DATAVISION ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ACCEPTABLE USE POLICY.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL DATAVISION, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, SHAREHOLDERS, PARTNERS, OR SUPPLIERS OR OTHERS WITH WHOM DATAVISION TRANSACTS BUSINESS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DATAVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DATAVISION AND ITS CONTENT AND SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, AFFILIATES, PRINCIPALS AND OFFICERS, FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES, INCLUDING ALL ATTORNEYS’, ARBITRATION AND EXPERT WITNESS FEES, THAT ARISE IN ANY MANNER IN CONNECTION WITH USE OF THIS SITE, AND/OR THE SUBMISSION OF MATERIAL, POSTS OR OTHER CONTENT, AND/OR YOUR CONNECTION TO THIS SITE OR BREACH OF ANY OF THESE TERMS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. DATAVISION MAY ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL FULLY COOPERATE THEREWITH.
The links on this Site may allow you to leave for site or sites not under the control of Datavision. Datavision is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Datavision is not responsible for webcasting or any other form of transmission received from any linked site. Datavision is providing links only as a convenience, and the inclusion of any link does not imply endorsement by Datavision of the linked site, or any affiliation other than as expressly stated. You agree not to create any links to or from this site without the express prior written consent of Datavision.
Datavision and its employees, contractors, representatives and agents do 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. Any original or other artwork, samples, demos, or other creative works will be deemed a transfer of ownership to Datavision or an unrestricted license for use by Datavision. Datavision offers no assurance that submissions will be treated as confidential or proprietary in any way, notwithstanding any legend, instruction or notice to the contrary.
See Datavision’s Privacy Statement relating to the collection and use of your information. You understand and acknowledge that Datavision reserves the right at all times to disclose any information collected through the Site to satisfy any applicable law, regulation, legal process or governmental request. ACCESS RESTRICTION: Datavision, in its sole discretion, reserves the right to deny any user access to the Site or any portion thereof, and may terminate any agreement or license at any time without notice. Datavision makes no representation or guarantees that access to this site will be available at all times.
The Acceptable Use Policy and the other rules, guidelines, licenses and disclaimers posted on the Site or otherwise expressly referenced constitute the entire agreement between Datavision and you with respect to use of the Site. If for any reason a judicial or other governmental authority finds any provision of the Acceptable Use Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Acceptable Use Policy shall continue in full force and effect. Any failure by Datavision to enforce or exercise any provision hereof or related right shall not constitute a waiver of that right or provision. The section headings used herein are for convenience and shall not limit or construe any provision.
MODIFICATION OF THESE TERMS AND CONDITIONS:
Datavision reserves the right to change, modify, add or delete the Acceptable Use Policy, which shall be effective immediately upon notice, which may be given by means including posting on the Site, electronic or conventional mail, or any other means. Any use of the site after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. As used herein the term “including” shall mean without limitation.
Unless otherwise specified, the Materials are solely for informational purposes. This site is controlled and operated by Datavision from its offices within the State of Florida, USA, the laws of which shall govern without giving effect to principles of conflict of laws. Datavision makes no representation that materials in the site are appropriate or available for use in other locations. Access to the Site from other locations is at each user’s own initiative and risk, who shall be responsible for compliance with local laws. The Software is further subject to United States export controls, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using or downloading the Software, you 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.
All disputes regarding the Site shall be resolved by arbitration in Miami, Florida in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Datavision shall be entitled to recover all costs and expenses, including attorneys’, arbitrator and expert witness fees, incurred in connection with any and all disputes, including on appeal.
This Policy may be amended from time to time, consistent with the requirements of the Privacy Shield Principles. Appropriate public notice will be given concerning such amendments.
How to Contact myDigitalOffice.com LLC
To ask questions or comment about this Privacy Shield Policy and our privacy practices or if you need to update, change or remove your information,
Contact us at: firstname.lastname@example.org
Regular mail addressed to:
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Bethesda, MD 20814 US
You may phone the company at +1 206 438 9957