Effective Date: March 6, 2015
By accessing www.xdtm.org (the “Site”) provided by the xDTM Standard Association (the “Association,” “we,” “our,” or “us”), you are agreeing to be bound by these Terms and Conditions of Use (“TOU”) and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with the TOU, you are prohibited from using or accessing the Site.
- Eligibility and Registration
If you are registering on behalf of a business or association, then you represent and warrant that you are fully authorized to enter into this TOU on behalf of such business or association and you understand that you are legally committing such business or association to be a Supporter Member of the Association.
- Intellectual Property
All parts of the Site, including the selection, compilation, arrangement, and presentation of all materials are copyrighted by us and others, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Site, and you acknowledge that use of our content without our express prior written permission is strictly prohibited. You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
- User License
The Site is owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Site only as expressly permitted in the TOU. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials or create any derivative works from them
- Use the materials for any commercial purpose or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on the Site
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
- Violate the restrictions in any robot exclusion headers of the Site, or bypass or circumvent other measures to prevent or limit access to the Site
- Impair our computer systems or transmit software viruses, worms, or other harmful files
- Attempt to gain unauthorized access to the Site
Your license shall automatically terminate if you violate any of these restrictions and may be terminated by the Association at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You acknowledge that we have no obligation to monitor access to or use of the Site for violations of the TOU, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure compliance with the TOU and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
The materials on the Site are provided “as is.” The Association makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Association does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this site.
The materials appearing on the Site could include technical, typographical, or photographic errors. The Association does not warrant that any of the materials on the Site are accurate, complete, or current. The Association may make changes to the materials contained on the Site at any time without notice. The Association does not, however, make any commitment to update the materials.
In no event shall the Association or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Site, even if the Association or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Third Party Links and Content
The Association has no obligation to review the third party sites and content appearing on or linked to the Site and is not responsible for the contents of any such materials. The inclusion of any third party link or content does not imply endorsement by the Association. Use of any such linked site or content is at the user’s own risk.
We may revise these TOU at any time without notice. By using this Site you are agreeing to be bound by the then current version of these TOU.
- Linking and Framing
You may not frame the Site. You may link to the Site, provided that you acknowledge and agree that you will not link the Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Site.
- Governing Law and Jurisdiction
Any claim relating to the Site shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any claim or controversy arising out of or related to these Terms and Conditions of Use or the Site shall be litigated exclusively in the federal or state courts of San Francisco County, California.
If any provision of these TOU is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from the TOU, and the remainder of the TOU shall continue in full force and effect. No failure or delay by us in exercising any right, power or privilege under the TOU shall operate as a waiver of such right or acceptance of any variation of the TOU and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
If you have any questions regarding our TOU, please email us at firstname.lastname@example.org.