Terms of use
Welcome to Code|Aero Technologies
Homepage (“the Site”). Please read the
following Terms of Use carefully before
using this Site or ordering/downloading any
of our products, so that you are aware of
your legal rights and obligations with
respect to Code|Aero Technologies and its
affiliates and subsidiaries (individually
and collectively, “Code|Aero”).
By using the Site, purchasing software or
other products, you signify your irrevocable
acceptance of these Terms of Use. You also
agree to ensure that anyone who uses this
software on your computer also abides by the
Terms of Use. Code|Aero has the right to
revise the Terms of Use at any time without
providing notice to its users. Your
continued use of the Site shall be deemed
irrevocable acceptance of those revisions.
We reserve the right to change, modify,
suspend or discontinue any portion of the
Site at any time. We may also impose limits
on certain features or restrict your access
to parts or the entire Site without notice
or liability.
Privacy
Your privacy is very important to us at
Code|Aero. To better protect your rights we
have provided the Code|Aero Privacy Policy
to explain our privacy practices in detail.
Use of Our Software
Music Label, Movie Label, Book Label
or Password Memory sometimes referred to as (the “Software”)
and accompanying documentation that are made
available by download from this Site or on
CD-ROM format are the copyrighted work of Code|Aero. Use of the Software is governed
by the terms of the end user license
agreement that accompanies or is included
with such Software and is also referenced on
this website. You will not be able to
download or install any software that is
accompanied by or includes an end user
license agreement unless you agree to the
terms of such end user license agreement. If
you do not agree to such terms, you will not
be able to use the Software. You may not
decompile, reverse engineer or otherwise
attempt to discover the source code of the
Software available on the Site.
Warranties and Disclaimers
Except as expressly provided otherwise in a
written agreement between you and Code|Aero,
the materials in or purchased through this
site are provided “as is” and without
warranties of any kind either express or
implied. To the fullest extent permissible
pursuant to applicable law, Code|Aero
disclaims all warranties, express or
implied, including, but not limited to,
implied warranties of merchantability or
fitness for a particular purpose, or the
warranty of non-infringement. Without
limiting the foregoing, Code|Aero does not
warrant that the functions contained in the
service will be uninterrupted or error-free,
that defects will be corrected, or that this
service or the server that makes it
available are free of viruses or other
harmful components. Code|Aero does not
warrant or make any representations
regarding the use or the results of the use
of the materials in this service in terms of
their correctness, accuracy, reliability, or
otherwise. You (and not Code|Aero) assume
the entire cost of all necessary servicing,
repair, or correction. Applicable law may
not allow the exclusion of implied
warranties, so the above exclusion may not
apply to you. Without limitation of the
foregoing, you acknowledge that as a service
to users of the Code|Aero service, we
include links to other web sites on the
world wide web portion of the internet and
that Code|Aero has no control over, and
makes no representations of any kind
whatsoever, regarding the content or
appropriateness of content on such web sites
and you hereby irrevocably waive any claim
against us with respect to such web sites.
Under no circumstances, including, but not
limited to, negligence, shall Code|Aero be
liable for any special or consequential
damages that result from the use of, or the
inability to use, the materials, the site,
or any other web site, even if Code|Aero or
a Code|Aero authorized representative has
been advised of the possibility of such
damages. Applicable law may not allow the
limitation or exclusion of liability for
incidental or consequential damages, so the
above limitation or exclusion may not apply
to you. No advice or information, whether
written or oral, obtained by you from
Code|Aero or from or through the site shall
create any warranty not expressly stated in
the terms of use. In no event shall
Code|Aero’s total liability to you for all
damages, losses, and causes of action
(whether in contract, tort (including, but
not limited to, negligence) or otherwise)
exceed the amount paid by you, if any, for
purchasing any materials or products.
Terms of Use
The license for use of the Site and the
Materials is effective until terminated. You
may terminate it at any time by destroying
the Materials together with all copies
thereof. This license will terminate upon
conditions set forth elsewhere within this
Terms of Use or if you fail to comply with
any term or condition of this Terms of Use.
In such event, no notice shall be required
by Code|Aero to effect such termination.
Upon termination of this Terms of Use, you
agree to destroy the Materials together with
all backup copies, modifications, printed or
written materials, and merged portions in
any form, or return same to Code|Aero at
your expense.
Web Site
Links
Code|Aero may provide links to other sites that
we feel are relevant and interesting to our
users (“Link Sites”). Code|Aero is not
responsible for the content on the Link Sites
and is not responsible for the accuracy of the
information and intellectual property notices
therein. Some of these Link Sites may provide
you with opportunities to purchase products
(“Products”). We do not endorse any of the
Products nor do we make any representations or
warranties in connection with the Products.
Online Behavior
Please exercise respect when participating in
any of Code|Aero’s community features such as
Forums, Blogs, Email functions, etc. You may not
submit or publish through Code|Aero any User
Materials that are libelous, defamatory,
pornographic, an invasion of privacy, obscene,
abusive, illegal, racist, offensive, harmful to
a minor or an infringement on any intellectual
property rights of a third party or would
otherwise violate the rights of any third party.
Furthermore, you may not submit or publish User
Materials through Code|Aero that solicit funds
or services, contain advertising or include
programs that contain viruses or any other
programs designed to impair the functionality of
any computer.
Please remember that we do not monitor the
contents of these community features and cannot
be held responsible for the User Materials.
Therefore, we apologize in advance for any
offensive or otherwise displeasing User
Materials.
Notwithstanding any rights or obligations
governed by the Additional Terms, if, at any
time you upload or post User Materials,
including but not limited to comments,
suggestions, problem reports, bug reports and
design ideas to the Site you automatically grant
Code|Aero a non-exclusive, royalty-free,
perpetual license of all rights throughout the
universe to use, edit, modify, include,
incorporate, adapt, record and reproduce the
User Materials including, without limitation,
all trademarks associated therewith, in any
manner whatsoever, in or out-of-context, in all
languages, in all media now known and hereafter
devised, and to use the User Materials in
advertising, promotion and publicity for the
Site, Code|Aero and its or their products and
services, in any and all media now known or
hereafter devised. In addition, you represent
and warrant that you are entitled to enter into
these Terms of Use and that you waive any
so-called “moral rights” in and to the User
Materials.
Submissions
Certain parts of the Site may ask for written
suggestions or problem reports such as using our
contact form or problem report form
(“Submissions”). In such a case, please read
carefully the specific terms, which govern those
Submissions (“Additional Terms”). In the absence
of Additional Terms, the Code|Aero Terms of Use
shall govern your legal rights with respect to
those Submissions.
The Submissions shall be deemed the property of
Code|Aero. Code|Aero shall exclusively own all
now known or hereafter existing rights to the
Submissions throughout the universe in
perpetuity and shall be entitled to use the
Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to
the provider of the Submissions. In any event,
any Submissions you send to Code|Aero will not
be treated as confidential and Code|Aero shall
not be liable for any disclosure of the
Submissions.
Accounts and Security
Code|Aero does not warrant that the functions
contained in the service provided by the Site
will be uninterrupted or error-free, that
defects will be corrected or that this service
or the server that makes it available will be
free of viruses or other harmful components.
You shall notify Code|Aero of any known or
suspected unauthorized use(s) of your Member's
Area Account, or any known or suspected breach
of security, including loss, theft, or
unauthorized disclosure of your login
information. You shall be responsible for
maintaining the confidentiality of your login
information.
Any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your
Member's Area Account, at Code|Aero’s sole
discretion, and you may be reported to
appropriate law-enforcement agencies.
Notification of Copyright Infringement
Code|Aero will investigate notices of copyright
infringement and take appropriate actions. If
you believe that your work has been used or
copied in a way that constitutes copyright
infringement and such infringement is occurring
on this Site or on sites linked to from this
Site, please notify Code|Aero.
Pursuant to Title 17, United States Code,
Section 512(c)(3), a notification of claimed
infringement must be a written communication
addressed to the designated agent as set forth
below, and must include substantially all of the
following:
a physical or electronic signature of the person
authorized to act on behalf of the owner of the
copyright interest that is alleged to have been
infringed;
a description of the copyrighted work or works
that you claim have been infringed (“infringed
work”) and identification of what material in
such work(s) is claimed to be infringing
(“infringing work”) and which you request to be
removed or access to which is to be disabled;
a description of where the material that you
claim is infringing is located on the Site;
information sufficient to permit Code|Aero to
contact you, such as your physical address,
telephone number, and email address;
a statement by you that you have a good faith
belief that the use of the material identified
in your Notice in the manner complained of is
not authorized by the copyright owner, its
agent, or the law;
a statement by you that the information in your
Notice is accurate and, under penalty of perjury
that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
For Notice of claims of copyright infringement,
Code|Aero can be reached at: info@codeaero.com
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by
Code|Aero. Code|Aero makes no representation
that materials in the Site are appropriate or
available for use in your location. Those who
choose to access this Site from any location do
so on their own initiative and are responsible
for compliance with local laws, if and to the
extent local laws are applicable.
Indemnity
You agree to indemnify and hold Code|Aero, and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of content you
submit, post to or transmit through the Site,
your use of the Site, your connection to the
Site, your violation of the Terms of Use, or
your violation of any rights of another person
or entity.
Governing Law
By accessing this Site, you and Code|Aero agree
that all matters relating to your access to, or
use of, this Site shall be governed by and
construed in accordance with the laws of the
country where Code|Aero resides, without giving
effect to any principles of conflicts of law.
Trademarks
Music Label, Movie Label, Book Label,
Password Memory, the Code|Aero logo and other marks indicated on our
site are trademarks of Code|Aero Technologies or
other related companies.
Code|Aero’s trademarks and trade dress may not
be used in connection with any product or
service that is not Code|Aero’s, in any manner
that is likely to cause confusion among
customers, or in any manner that disparages or
discredits Code|Aero. All other trademarks not
owned by Code|Aero or any of its related
companies that appear on this site are the
property of their respective owners, who may or
may not be affiliated with, connected to, or
sponsored by Code|Aero.
Copyright
All content and compilation of content included
on Code|Aero’s website, such as text, graphics,
logos, button icons, images, audio clips,
digital downloads and software, is the property
of Code|Aero Technologies and is protected by
United States and international copyright laws.
If you have any questions or concerns about this
Terms of Use or any issues raised in this Terms
of Use or on the Site, please contact us at:
info@codeaero.com
Last revised: January 30, 2008.
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