Important Notices Referenced Below:
Copyright & Trademark Notices
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Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions: The Site Materials may be used solely for personal, non-commercial, informational purposes. The Site Materials may not be modified or altered in any way. The Site Materials on the Site may not be distributed or sold, rented, leased, or licensed to others. You may not remove any copyright or other proprietary notices contained in the Site Materials. Company reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company. Any rights granted to you by Company constitute a license and not a transfer of title.
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators, may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print these works unless there is a notice associated with the work expressly permitting downloading, use, copy and/or printing. The rights specified above – i.e., the right to view, download, and print the Company Content and Third Party Content available on this Site — are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.
User Conduct. In using the Site, including all Products and Services available through it, you agree: not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites; not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, services, or systems; not to attempt to transmit any content which you are not authorized to transmit; and not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Use And Protection Of Account Number And Password. You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the Export Control Laws discussed below.
Export Control Laws; Notice To U.S. Government Users. The export and re-export of Company Products and/or Services are controlled by the United States Export Administration Regulations, and such Products and/or Services may not be exported or re-exported to any country to which the United States embargoes goods. In addition, Company Products and/or Services may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By using, installing, and/or downloading any Company Product or Service you are certifying that, no matter where you currently reside, you are not a national or resident of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. Most Company Products and Services are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Copyright & Trademark Notices
COPYRIGHT INFRINGMENT NOTIFICATION
If you wish to report a copyright violation in connection with content on this site, you must send a written communication to our designated agent at the address below that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. When we receive a notification of alleged copyright infringement, we remove the posting that is the subject of the notification. Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
COPYRIGHT COUNTER NOTIFICATION
If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, do not submit a counter-notification. A counter-notification must include the following specific elements: (1) Identification of the specific URLs of material that was removed or to which access has been disabled. (2) Your full name, address, telephone number, and email address. (3) The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which “SDEC” is located, and will accept service of process from the claimant.” (4) The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” (5) Signature. A scanned physical signature or a valid electronic signature will be accepted.
DESIGNATED AGENT Copyright Notifications at San Diego Entrepreneur Center “SDEC” 4640 Cass Street, P.O. Box 9326, San Diego, CA 92169 -9326
NO WARRANTY OR GUARANTEE
“SDEC” does not warrant or guarantee any products or services provided by Partners and Affiliates. Partners and Affiliates are solely responsible for claims with respect to the products or services provided by them. Trademarks and logos are property of their respective companies and should be treated as such.
I. INFORMATION COLLECTED BY SDEC OR ON SDEC’S BEHALF
A. In General Personally identifiable information (PII or Personal Information) is information that can be used to identify or contact you. We collect the Personal Information that you provide to us in two general and distinct ways: (1) when you choose to purchase various services or products offered by SDEC and/or its affiliated business partners, or (2) when you choose to participate in surveys or send e-mails to SDEC. This Site is not intended for use by persons under thirteen (13) years of age. SDEC does not knowingly collect Personal Information from or about children under the age of thirteen (13).
C. Cookies We collect anonymous, non-confidential, and non-personal information when you use our site, send us e-mails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer’s hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site (such as the chat rooms you visited, whether you submitted orders for services or products, etc.). Every computer is assigned a different cookie by SDEC. The information collected by cookies helps us dynamically generate advertising and content on web pages or in e-mails specifically designed for you and also allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails. We may use cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to Personal Information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Site.
D. Web Beacons In limited circumstances we also may use “web beacons” to collect anonymous, non-personal information about your use of our Web site and the sites of selected affiliated partners, and your use of e-mails, special promotions or newsletters we may send to you from time to time. Web beacons are tiny graphic image files imbedded in a web page or e-mail that provide a presence on the web page or e-mail and send back to its home server information from the Users’ browser. The information collected by web beacons allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails, and for what purposes. It may be possible to link non-personal web beacon information to Personal Information collected.
E. E-mails and Newsletters As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on SDEC’s behalf (see Disclosure to Web site Service and Content Contractors, below), notes or “counts” your response to the e-mail or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.
Generally Except as set forth in this Section II, or as specifically agreed to by you, SDEC will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from SDEC (such as, information we need to share with our credit card internet gateway), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.
Disclosure to SDEC’s Operations and Maintenance Contractors SDEC’s operations and maintenance contractors may sometimes have limited access to your Personal Information in the course of providing products or services to SDEC. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to operation and maintenance of our Web site. These contractors also may have access to your e-mail address to send newsletters or special promotions to you on our behalf or to send e-mails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for SDEC.
Disclosure of Aggregate Information SDEC may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users (“Aggregate Information”). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a company that performs services or that provides products and/or services to SDEC (that may or may not be a SDEC business partner or an advertiser on our site) that “50% of our users live in the USA” or that “85% of our users have purchased products and/or services which can be downloaded from SDEC’s Web site.” Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We may not limit the third parties’ use of the Aggregate Information.
HOW SDEC HANDLES PRIVACY AND SECURITY INTERNALLY SDEC wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems.
YOUR PRIVACY CHOICES You will be given the option to opt in or sign up for recurring informational/promotional e-mails from SDEC and/or third parties. You may opt out of receiving e-mails from or on behalf of SDEC. You may opt out of receiving these e-mails and newsletters at any time. When you have received a newsletter you wish to stop, click on the “reply” button in your mail program, then type in the word “UNSUBSCRIBE” in the “Subject” field and send. SDEC’s Customer Service will unsubscribe you. You may also have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by following the directions regarding how to unsubscribe from these e-mails or newsletters. This privacy statement applies only to the Site. The SDEC Web site does contain links to other sites. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that SDEC has no control over and is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link or advertisement on SDEC’s Web site or any site that collects Personal Information from you.