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: March 23, 2009.