Home >> Legal Info
Legal info | Site map


LEGAL INFO


Copyright (©) 2008 by SunUp Digital Systems, All rights reserved. "SunUp" is a registered trademark of SunUp Digital Systems. All other brand or product names are trademarks of their respective holders. This material is for information only and is subject to change without notice.

We provide links to third-party sites. Since we do not control these web sites, we encourage you to review the privacy policies posted on these (and all) third-party sites.

The materials on this web site (the "Site") are provided by SunUp Digital Systems ("SunUp") as a service to its customers and partners and may be used for informational purposes only. Single copies may be downloaded from the Site subject to the provisions below. By accessing, viewing, using, or downloading any materials from this Site, you agree to comply with the terms of this agreement ("Agreement"). Your access to and use of the Site is conditional upon your agreement with the following. If you do not agree to the following, you will not be registered as an authorized user of the Site, and you will not be able to use the Site or download any materials from it.

  1. SunUp's trademarks are exclusively owned and controlled by SunUp Digital Systems. No use or download of or from the Site grants any rights to use of SunUp's trademarks, or other third-party trademarks appearing on the Site. SunUp Digital Systems retains all rights in its trademarks, and no licenses are granted. Other third-party names and brands on this Site are the properties of their respective owners, and appear on the Site by their permission.

  2. The materials on this Site are copyrighted and any unauthorized use of any materials at this Site violates copyright, trademark, and other laws. You may access and use, by download into temporary memory, the information, content, graphics or software (collectively "Materials") found on the Site on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by SunUp in writing or as allowed by any license terms which accompany or are provided with the download of specific Materials. All software downloaded from the Site will be subject to your acceptance of a software license agreement governing your use of the software. This is a license, not a transfer of title or other ownership rights, and is subject to the following restrictions. You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law, and provided that you first seek the required information from us in writing; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

  3. Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without SunUp's prior written permission. Except as expressly provided herein, SunUp does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

  4. THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SunUp OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS, EVEN IF SunUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SunUp further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. SunUp may make changes to the Materials, or to the products described therein, at any time without notice. SunUp makes no commitment to update the Materials.

  5. SunUp retains the absolute right to remove any Communications posted on the Site at any time, for any or no reason, and without notice. SunUp and users of the Site will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, infringing, misappropriating, or other material that would violate any rights of others or any law, whether or not you are the author of such material. You shall indemnify SunUp and its affiliates and partners against any claim, action, proceeding, liability, costs (including reasonable attorneys fees), damages, or losses arising from your violation of the foregoing. You are obligated to promptly notify SunUp if you become aware that your Communication may violate the foregoing prohibitions, although you understand and acknowledge that SunUp is not responsible for placement or removal of any Communications by users of the Site. You are at all times responsible for compliance with our policies, and nothing shall be construed as obligating SunUp to monitor or screen the Communications posted on the Site.

  6. The Site may contain links to third-party sites. Such third-party linked sites are not under the control of SunUp and SunUp is not responsible for the content, terms of use, or privacy policy of any linked site or any link contained in a linked site. SunUp reserves the right to remove any link at any time. SunUp does not endorse or suggest any affiliation or other relationship with companies or their products, services, or web sites to which it links. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

  7. You may be able to purchase products, services, or software, or other materials from the Site. All such purchases will be subject to the terms of use and, payment, and warranties, if any, applicable to such products or services. SunUp makes no warranties and assumes no obligations with respect to such purchases, except as otherwise stated in the course of accommodating the transaction. In no event will SunUp be responsible for products or services offered in whole or in part by third parties.

  8. This Site is controlled by SunUp from its offices within the United States of America. SunUp makes no representation that Materials in the Site are appropriate or available for use in other locations, or comply with local requirements in all places from which the Site may be accessed. Access to the Site or Materials from jurisdictions where such content is illegal is prohibited. Those who choose to access this Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

  9. SunUp may revise the terms of this Agreement at any time by updating this posting. You are responsible for visiting this page from time to time to review the then-current terms of this Agreement because they are binding on you without prior notice.

  10. This Agreement shall be interpreted and enforced according to the laws of the state of California without regard to its conflict of laws principles, and of the United States. All disputes arising in while or in part from this Agreement, from your use of the Site, or from any matter related to the Site, shall be exclusively resolved by binding arbitration to be held in Northern California, the decision to be rendered by one arbitrator. Arbitration shall be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules, including the Emergency Interim Relief Procedures, then in effect. The foregoing shall not prohibit SunUp from seeking injunctive relief in court.
 
© 2010 SunUp Digital Systems. All rights Reserved