TERMS OF SERVICE AND COPYRIGHT INFORMATION
This Agreement sets forth the terms and conditions which apply to your use of the SqueezeNet.com web site (the "Service") which are offered to you by Diamond Star Technologies, Inc. ("DST"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
Restrictions
on General Site Usage.
The Service is a computer online service. As
part of our service, you will be provided with information, editorial content,
web-based software tools, and links to other Web sites and other computer
services that DST may decide to offer, subject to the terms hereof.
DST may discontinue or alter any aspect of the Service, including, but
not limited to, (i) restricting the time of availability, (ii) restricting the
availability and/or scope of the Service for certain computer platforms, (iii)
modifying, deleting or adding links to third party sites,
(iv) changing the site’s structure, content, navigation, organization,
directory names, file names, page names or URL identifiers,
(v) restricting the amount of use permitted and (vi) restricting or
terminating any User's right to use the Service, at DST's sole discretion
and without prior notice. You may not modify, copy, reproduce, republish,
transmit, prepare derivative works based on, or distribute in any way any
material from this Service including code and software ("Material").
You may download Material from this Service for your personal, non-commercial
use only. DST licenses such Material to you and does not transfer title
to any such Material to you.
Restrictions
on Usage of DST's Reformatting and Filtering tools.
The Service may utilize one or more reformatting and filtering tools
("Tools") that facilitates the navigation and display of Web content.
The Tools are automated software processes that run on distributed
servers connected to the Internet. The
Tools may interact directly or indirectly with one or more Internet sites
maintained by third parties ("Third Party Sites") and may from time to
time extract, filter, reformat or process information from said Third Party
Sites. By utilizing the Service,
you agree that you understand that the Third Party Sites' content provided via
DST's Tools is not the same content that may be obtained by going
directly to the Third Party Sites. Pages
may be altered in one or more ways that facilitate the display and navigation of
the content on mobile and/or wireless devices.
As such, you agree to only utilize the Tools on mobile or wireless device where you
perceive usage of such Tools as a major benefit that overrides the fact that
original content may have been removed or modified in order to accommodate
limitations of said devices. By registering and using the Tools, you also acknowledge that you
understand that the Tools are merely a mechanism to facilitate the display of
content on small-screen devices, and as such, DST does not own any
copyrighted material that may be accessed via the Tools.
Thus, you agree to abide by the terms, conditions, and copyright usage
limitations that the Third Party Sites may impose.
Regardless of the rights granted to you from Third Party Sites, you may
never utilize the Tools to facilitate the means for anyone other than yourself
to access information via the Tools. The
resulting content created by the Tools may only be viewed on an individual
basis. The modified content (even if you own
the original material or if the original material is not copyright protected) may never be shared
with any other entity if it has been altered by the Tools. It is also
expressly forbidden for any individual or any organization to utilize any type
of automated processing mechanism ( such as Spiders or Bots) that utilizes the Tools in any manner
whatsoever.
The registrant and/or user of the Tools further agrees: (i) not to do anything that slows down, shuts down, or harms the system in anyway, (ii) not to share any web site or content created by the Tools, (iii) not to access adult sites or content; (iv) not to save content extracted with the Tool to any type of storage device, (v) to use the Service and Tools in a manner consistent with average usage expectations, (vi) not to use the Tools to process any type of financial transaction, (vii) not to register more than once for the Tools, (viii) not to utilize information accessible from the site to compete against DST, and (ix) not to extract, reengineer, copy or mimic any functionality of the Tool in order to create a competing product or service that harms DST in any way whatsoever. The user of the Tools also agrees that access to the Tools may be terminated for any reason whatsoever. Also, Third Party Sites may request that an individual be denied access for any reason whatsoever. As such, DST may take whatever action necessary to accommodate Third Party Sites' request to restrict access to an individual or to a group of individuals.
Disclaimer
of Warranties
DST HAS PROVIDED LINKS, POINTERS, AND TOOLS THAT INTERFACE WITH THIRD
PARTY SITES, AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SERVICE. NEITHER DST, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS
AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE
AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. DST DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER
THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU
ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE
TRANSMISSION OR TRANSLATION OF INFORMATION.
IN NO EVENT SHALL DST, ITS PARENT OR SUBSIDIARY COMPANIES, ITS
AFFILIATES OR SUPPLIERS, OR ANY WEB SITE ACCESSED VIA DST'S TOOLS, BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES THAT MAY BE THE RESULT OF ITS REFORMATTING AND/OR FILTERING TOOLS.
Trademarks.
SqueezeNet, Ptap, HandyFact, FactPack, MyMiniWeb, MyMiniPage, UniSymbol,
WebSqueezer, SiteSqueezer, PageSqueezer, SmartSqueeze, AdSqueezer, and the
SqueezeNet logo are trademarks of DST. All other trademarks, service
marks and trade names used on the Service are the property of their respective
owners. Services and products introduced by DST may also be identified by
a trademark, service mark or trade name that is the sole property of DST.
All of the above trademarks may not be copied, downloaded or otherwise
exploited without the permission of DST or the owner of such trademark,
service mark or trade name.
Copyright.
The DST site contains copyrighted material, trademarks and other
proprietary information including text, software, photos, video, graphics, music
and sound, and the entire contents of the DST site is copyrighted as a
collective work under the United States copyright laws. DST owns a
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Each third party content
provider owns the copyright in content original to it. You may not modify,
publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit the content of the DST site or
any portion of it. Except as otherwise expressly permitted under copyright law,
you may not copy, redistribute, publish, display or commercially exploit any
material from the DST site without the express permission of DST
and the copyright owner. In the event of any permitted copying, redistribution
or publication of material from the DST site, no changes in or deletion
of author attribution, trademark, legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. You agree that any text, photo, graphic, audio, and/or
video on the DST site shall not be broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any media.
DST’s material and any portion thereof may not be stored in a
computer except for personal and non-commercial use.
DST also provides links, pointers and tools that interface with
external Internet Sites maintained and controlled by third parties.
By using these links and Tools, you acknowledge your understanding that
each site may have its own copyright notice with its own set of conditions and
restrictions.
Copyright
Policy for Third Party Sites.
DST may restrict access or terminate usage on an individual or
group basis if any Third Party Site believes that its intellectual property
rights are being infringed upon. If
anyone using one of DST's Tools has infringed on copyrighted material,
the Third Party Site may inform DST by notifying DST's Director of
Intellectual Properties.
Limitation
of Liability
IN NO EVENT SHALL DST, ITS PARENT OR SUBSIDIARY COMPANIES, ITS AFFILIATES
OR SUPPLIERS, OR ANY WEB SITE ACCESSED VIA DST'S TOOLS, BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE
DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF
THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE.
Indemnification.
You agree to defend, indemnify and hold harmless DST, its affiliates and
their respective directors, officers, employees and agents from and against any
and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees)
arising out of or accruing from (a) any non-compliance by you with the terms and
conditions of this Agreement; and (b) claims brought by persons or entities
other than the parties to this Usage Agreement arising from or related to your
access and use of the Service, including the information obtained through the
Service.
Modification.
DST reserves the right to amend this Agreement, and to modify, add or
discontinue any aspect, content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Service, via e-mail or
any other reasonable means. Continued use of the Service by you shall be deemed
to indicate your acceptance of any such amendments, modifications, additions or
deletions.
Miscellaneous.
This agreement shall be governed by and construed in accordance with the laws of
the State of California without giving effect to any principles of conflicts of
law. You may not assign any of your rights, obligations or privileges. This
agreement constitutes the entire agreement between the parties and supersedes
all previous agreements, written or oral, between DST representatives and
you. Any assignment other than as provided for in this Section shall be null and
void. If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions.