Site; Agreement To Terms and Conditions
Other Terms and Conditions
Additional terms and conditions apply to purchases or licenses of other goods, services, software, web applications, and mobile applications (“Services”) and to specific portions or features of the Site, all of which terms and conditions are made a part of these Terms and Conditions by this reference. You agree to abide by such terms and conditions. If there is conflict between these Terms and Conditions and the terms and conditions posted for or applicable to a specific portion of the Site or for any Services offered on or through the Site, the latter terms and conditions shall control with respect to your use of that portion of the Site or the specific Services.
As long as you comply with these Terms and Conditions, Multivista grants you a nonexclusive, nontransferable, revocable limited license to use the Site. The license is expressly limited to only the content on the Site that can be accessed without an authorized username and password. To the extent use of the Site or Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Site and Services. Use of a username and password not intentionally provided to you directly by Multivista, or its affiliates, licensees or subsidiaries, however else obtained, is not authorized within the meaning of this Agreement and is prohibited.
Intellectual Property Rights
The Site and Services and the entire contents, features and functionality including, without limitation, all text, photographs, video, audio, graphics, user interfaces, visual interfaces, trademarks, logos, artwork, presentations in any format, software, computer code and the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, is owned, controlled or licensed by or to Multivista, and is protected by copyright, trademark, patent and trade secret laws, and other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions, no part of this Site or the Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Multivista’s prior written consent. Neither the Site nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use. You may use information on Multivista and third-party products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Multivista for downloading from the Site, provided that you (1) not remove any proprietary notice language, such as a copyright or trademark notice, in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The trademark MULTIVISTA and other trademarks of Multivista as well as associated logos, designs, slogans, and trade dress are trademarks of Multivista. You must not use or display such trademarks without the prior written consent of Multivista. All other names, logos, product and service names, designs and slogans on the site are the trademarks of their respective owners.
You shall (a) be responsible for your compliance with these Terms and Conditions and all activities occurring within or from the Site and the Services offered by or through the Site, (b) be solely responsible for the accuracy, quality, integrity and legality of, and for the means by which you acquired any information or data posted on the Site or posted in connection with the Services available through the Site, and your use of the Site and Services (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Site and Services available on the Site, and notify Multivista promptly of any such unauthorized access or use, and (d) use the Site and Services only in accordance with any user guide that Multivista may promulgate from time to time and applicable laws and government regulations. You shall not (a) excepting with our written consent and in accordance with our guidelines, make the Site or any Services available to anyone else, (b) sell, resell, rent or lease the Site or Services available thereon, (c) use the Site or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Site or Services to store or transmit malicious code or malware, or to engage in phishing or other fraudulent activity, (e) interfere with or disrupt the integrity or performance of the Site, the Services and third-party data and content contained therein, or (f) attempt to gain unauthorized access to the Site, the Services or the systems or networks of Multivista.
Any unauthorized use of the Site and Services is prohibited. You may not use the Site or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair any of Multivista’s servers or the network(s) connected to any of Multivista’s servers, or interfere with any other party’s use and enjoyment of the Site or Services offered through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other accounts, computer systems or networks connected to the Site or any of Multivista’s servers or to any of the Services offered by or through the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain through any means any materials or information not intentionally made available to you through the Site or other Services provided. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Multivista reserves the right to bar any such activity. In addition, in using the Site and Services you shall not:
- • impersonate any other person;
- • falsely say or imply that you are associated with another person or entity;
- • submit content in exchange for payment or other consideration from another person or entity, or otherwise use the Site or the Services in connection with unsolicited commercial messages;
- • violate any anti-spam or similar law;
- • use the Site or the Services if you are under 18;
- • use or enable the use of any automated system that calls to the Site or the Services more frequently than may reasonably be performed by a human user using a standard web browser;
- • determine the site architecture or extract or collect data or information about usage, individual identities of other users of the Site or the Services via use of any network monitoring or discovery software or otherwise;
- • monitor, copy, scan, review, index, mirror, ping or validate the Sites or the Services via robot, spider, other automatic software or device process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited);
- • transmit any false, misleading, fraudulent or illegal communications, information or data;
- • phish, spoof, commit illegal or fraudulent activity, or violate the laws in your jurisdiction;
- • submit or link to any content that: (i) infringes or violates the intellectual property or other rights of any person or entity; (ii) intentionally interferes with the operation of the Site or the Services; (iii) violates anyone’s privacy or publicity rights; (iv) breaches any duty of confidentiality that you owe to anyone; (v) provides any non-public information about Multivista or any other company or person without authorization (including the names and contact information for other Site or Services users); (vi) is harassing, defamatory, tortious, abusive, lewd, pornographic, obscene, hateful, racially, ethnically or otherwise objectionable; (vii) contains or installs any viruses, worms, defects, bugs, trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of the Site, any Services or hardware; or (viii) contains false or deceptive language, unsubstantiated or comparative claims regarding Multivista, its affiliates, licensees or others’ products or services, advertising, commercial referrals, or any other commercial solicitations.
Subject to these Terms and Conditions, we welcome links to the Site. Without the prior written consent of Multivista, you may not use any of Multivista’s proprietary logos, marks or other distinctive graphics, video or audio material or other content in your links. You may not link to the Site or to any page thereof or engage in the practice of “deep linking” in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by Multivista; (b) cause confusion, mistake, or deception; (c) dilute Multivista trademarks or service marks; (d) otherwise violate state, provincial or federal law; or (e) constitute improper derision or disclosure concerning Multivista, and its officers, directors, members, managers, agents, or licensees. You may not frame or otherwise incorporate into another website any of the content or materials on the Site without the prior written consent of Multivista.
Multivista Use of Material
By transmitting, posting, publishing or distributing any data, information, text, graphics, links, messages, reviews, content or other materials for use on the Site, you grant Multivista or its affiliates a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, modify, reproduce, publish, adapt, publicly perform and display, digitally perform and display, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. Furthermore, Multivista is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing and marketing any products or services using such information.
Third-Party Content and Links
Tracking and Analysis
Multivista may track and analyze your use of the Site and Services for the purpose of helping Multivista improve both the Site and Services and your experience in using the Site and Services. We may disclose such data about your use of the Site and Services (“Usage Statistics”) to third parties for the purpose of assisting Multivista in such tracking and analysis, or as required by law.
Access and Delays in Service
You acknowledge that Multivista has made reasonable efforts to provide you with access to the Site and the Services. Further, Multivista, its affiliates and licensees shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Site or the Services for any reason, including, without limitation, electronic or mechanical equipment failures, connection problems, defects, failure of the World Wide Web, weather, strikes, walkouts, fire, acts of God, acts of war, pandemics or to other like causes. Multivista reserves the right to interrupt the operation of the Site and the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes and to modify or change the Site and the Services, or any portion thereof.
You acknowledge and agree that Multivista has made reasonable efforts to ensure that no viruses or programs with similar functions to that of a virus operate on, or move through, the Site and the Services. You hereby assume all responsibility (and thereby hold Multivista and its affiliates harmless), by whatever means deemed most appropriate for your needs, for detecting and removing any virus or program with a similar function to that of a virus.
MULTIVISTA DOES NOT PROMISE THAT THE SITE OR ANY SERVICES OR FEATURE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE SITE AND ANY SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “WHEN AVAILABLE” AND “WITH ALL FAULTS” BASIS. MULTIVISTA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, MULTIVISTA DOES NOT REPRESENT OR WARRANT THAT THE SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT. MULTIVISTA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (ii) THIRD-PARTY COMMUNICATIONS, (iii) ANY THIRD-PARTY PLATFORMS, WEBSITES, OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS THEREFROM, (vi) THE UNAVAILABILITY OF THE SITE OR SERVICES, (v) YOUR USE OF THE SITE OR SERVICES, OR (vi) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MULTIVISTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS OR MANAGERS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MULTIVISTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS OR MANAGERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND ATTORNEYS’ FEES) IN ANY WAY, DUE TO, RESULTING FROM, OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to defend, indemnify and hold Multivista, its members, managers, shareholders, officers, directors, employees, agents, representatives, predecessors, successors in interest, affiliates, suppliers and licensees harmless from and against all claims, demands, damages, losses, liability, costs and expenses, including attorneys’ fees, arising from, in connection with or relating to your use of the Site or any violation of the Terms and Conditions.
Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property or the rights or property of visitors or users of the Site or Services. You agree that we may, in our sole discretion, terminate your access to the Site and Services and block your future access if we determine you have violated these Terms and Conditions or other agreements which may be associated with your use of this Site or Services. If we do take legal action against you as a result of your violation of the Terms and Conditions or other agreements which may be associated with your use of this Site or Services, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs incurred by us in connection with such action, in addition to any other relief granted to Multivista.
Governing Law and Forum; Limitations
The laws of the State of Texas and of the United States, excluding any rule or principle that would refer to and apply the substantive law of another jurisdiction, shall govern these Terms and Conditions. Except as otherwise required by applicable law, you agree to the exclusive jurisdiction and venue in the state and federal courts in Dallas, Texas, and waive any objection to such jurisdiction or venue. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site and Services as contemplated by these Terms and Conditions must be instituted within one (1) year from the date upon which such claim or cause arose, or such claim or cause is barred.
Official correspondence must be sent via postal mail to: Multivista Systems LLC, 5345 Spring Valley Road, Dallas, Texas 75254 or 111 Forrester Street, Suite 310, North Vancouver, BC, Canada V7H 0A6.