Terms Of Service
Last modified 10/22/2008
Your relationship with iAte
Your use of iAte.s products, software, services and web sites (referred to collectively as the .Services. in this document) is subject to the terms of a legal agreement between you and iAte. .iAte. means iAte LLC, located in WA, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
The terms of this legal agreement form a legally binding agreement between you and iAte in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the .Terms..
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
1. clicking to accept or agree to the Terms, where this option is made available to you by iAte in the user interface for any Service; or
2. by actually using the Services. In this case, you understand and agree that iAte will treat your use of the Services as acceptance of the Terms from that
point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with iAte, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Provision of the Services by iAte
You acknowledge and agree that the form and nature of the Services which iAte provides may change from time to time without prior notice to you.
You acknowledge and agree that iAte may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at iAte.s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform iAte when you stop using the Services.
You acknowledge and agree that if iAte disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while iAte may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by iAte at any time, at iAte.s discretion.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to iAte will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by iAte, unless you have been specifically allowed to do so in a separate agreement with iAte. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with iAte, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that iAte has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which iAte may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to iAte for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify iAte immediately.
Privacy and your personal information
For information about iAte.s data protection practices, please read iAte.s privacy policy at http://dev.iate.com/pages/privacy. This policy explains how iAte treats your personal information, and protects your privacy, when you use the Services.
You agree to the use of your data in accordance with iAte.s privacy policies.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the .Content..
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to iAte (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by iAte or by the owners of that Content, in a separate agreement.
iAte reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that iAte has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which iAte may suffer) by doing so.
Proprietary rights
You acknowledge and agree that iAte (or iAte.s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with iAte, nothing in the Terms gives you a right to use any of iAte.s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
License from iAte
iAte gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by iAte as part of the Services as provided to you by iAte (referred to as the .Software. below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by iAte, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give iAte a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
You agree that this licence includes a right for iAte to make such Content available to other companies, organizations or individuals with whom iAte has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You confirm and warrant to iAte that you have all the rights, power and authority necessary to grant the above licence.
Termination
iAte may at any time, terminate its legal agreement with you for any reason or no reason.