Terms of Service
The gist:
We (the folks at Siterma) run an Online Media
Service called Siterma and would love for you to use
it. Our basic information is free, and we offer
professional services for pay such as consulting and
project management. Our service is designed to give
you as much information and support as possible to
encourage you to explore and use virtual
environments for your organization. However, be
responsible in what you decide.
You can check our resources for examples of
successful uses to get a sense of what's possible.
Terms of Service:
The following terms and conditions govern all use of
the Siterma.com website and all content, services
and products available at or through the website,
including, but not limited to, the Siterma Online
Media Service, Interactive 3D Information, Siterma
Consulting, Siterma Project Management, Siterma
Referrals, and Siterma Social Media (collectively,
the Website). The Website is owned and operated by
Siterma VWP Online Media Service of Development One
LLC (“Siterma”). The Website is offered subject to
your acceptance without modification of all of the
terms and conditions contained herein and all other
operating rules, policies (including, without
limitation,
Siterma’s Privacy Policy and
Siterma's Memo
of Understanding) and procedures that
may be published from time to time on this Site by
Siterma (collectively, the “Agreement”).
Please read this Agreement carefully before
accessing or using the Website. By accessing or
using any part of the web site, you agree to become
bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions
of this agreement, then you may not access the
Website or use any services. If these terms and
conditions are considered an offer by Siterma,
acceptance is expressly limited to these terms. The
Website is available only to individuals who are at
least 13 years old.
1.Fees and Payment. Optional professional
paid services such as Consulting and Project
Management are available through the Website. By
selecting a professional service you agree to pay
Siterma the agreed fees indicated for that service.
Payments will be charged on the day you sign up for
a professional service and will cover the use of
that service for a monthly or annual period as
indicated. Professional service fees are not
refundable.
2.Content Posted on Other Websites. We
have not reviewed, and cannot review, all of the
material, including computer software, made
available through the websites and webpages to which
Siterma.com links, and that link to Siterma.com.
Siterma does not have any control over those
non-Siterma websites and webpages, and is not
responsible for their contents or their use. By
linking to a non-Siterma website or webpage, Siterma
does not represent or imply that it endorses such
website or webpage. You are responsible for taking
precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content.
Siterma disclaims any responsibility for any harm
resulting from your use of non-Siterma websites and
webpages.
3.Copyright Infringement and DMCA Policy.
As Siterma asks others to respect its intellectual
property rights, it respects the intellectual
property rights of others. If you believe that
material located on or linked to by Siterma.com
violates your copyright, you are encouraged to
notify Siterma in accordance with
Siterma’s
Digital Millennium Copyright Act (“DMCA”) Policy.
Siterma will respond to all such notices, including
as required or appropriate by removing the
infringing material or disabling all links to the
infringing material.
4.Intellectual Property. This Agreement
does not transfer from Siterma to you any Siterma or
third party intellectual property, and all right,
title and interest in and to such property will
remain (as between the parties) solely with Siterma.
Siterma, Siterma.com, the Siterma.com logo, and all
other trademarks, service marks, graphics and logos
used in connection with Siterma.com, or the Website
are trademarks or registered trademarks of Siterma
or Siterma’s licensors. Other trademarks, service
marks, graphics and logos used in connection with
the Website may be the trademarks of other third
parties. Your use of the Website grants you no right
or license to reproduce or otherwise use any Siterma
or third-party trademarks.
5.Changes. Siterma reserves the right, at
its sole discretion, to modify or replace any part
of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your
continued use of or access to the Website following
the posting of any changes to this Agreement
constitutes acceptance of those changes. Siterma may
also, in the future, offer new services and/or
features through the Website (including, the release
of new tools and resources). Such new features
and/or services shall be subject to the terms and
conditions of this Agreement.
6.Termination. Siterma may terminate your
access to all or any part of the Website at any
time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this
Agreement, you may simply discontinue using the
Website. All provisions of this Agreement which by
their nature should survive termination shall
survive termination, including, without limitation,
ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
7.Disclaimer of Warranties. The Website is
provided “as is”. Siterma and its suppliers and
licensors hereby disclaim all warranties of any
kind, express or implied, including, without
limitation, the warranties of merchantability,
fitness for a particular purpose and
non-infringement. Neither Siterma nor its suppliers
and licensors, makes any warranty that the Website
will be error free or that access thereto will be
continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or
services through, the Website at your own discretion
and risk.
8.Limitation of Liability. In no event
will Siterma, or its suppliers or licensors, be
liable with respect to any subject matter of this
agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i)
any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products
or services; (iii) for interruption of use or loss
or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to Siterma under this
agreement during the twelve (12) month period prior
to the cause of action. Siterma shall have no
liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall
not apply to the extent prohibited by applicable
law.
9.General Representation and Warranty. You
represent and warrant that (i) your use of the
Website will be in strict accordance with the
Siterma Privacy Policy, with this Agreement and with
all applicable laws and regulations (including
without limitation any local laws or regulations in
your country, state, city, or other governmental
area, regarding online conduct and acceptable
content, and including all applicable laws regarding
the transmission of technical data exported from the
United States or the country in which you reside)
and (ii) your use of the Website will not infringe
or misappropriate the intellectual property rights
of any third party.
10.Indemnification. You agree to indemnify
and hold harmless Siterma, its contractors, and its
licensors, and their respective directors, officers,
employees and agents from and against any and all
claims and expenses, including attorneys’ fees,
arising out of your use of the Website, including
but not limited to your violation of this Agreement.
11.Miscellaneous. This Agreement
constitutes the entire agreement between Siterma and
you concerning the subject matter hereof, and they
may only be modified by a written amendment signed
by an authorized executive of Siterma, or by the
posting by Siterma of a revised version. Except to
the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of
the Website will be governed by the laws of the
state of California, U.S.A., excluding its conflict
of law provisions, and the proper venue for any
disputes arising out of or relating to any of the
same will be the state and federal courts located in
San Francisco County, California. Except for claims
for injunctive or equitable relief or claims
regarding intellectual property rights (which may be
brought in any competent court without the posting
of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. (“JAMS”) by
three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in San
Francisco, California, in the English language and
the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to
enforce this Agreement shall be entitled to costs
and attorneys’ fees. If any part of this Agreement
is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent,
and the remaining portions will remain in full force
and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof,
in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may
assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its
terms and conditions; Siterma may assign its rights
under this Agreement without condition. This
Agreement will be binding upon and will inure to the
benefit of the parties, their successors and
permitted assigns.
*Adapted by permission from
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