DESCRIPTION OF SERVICES.
Avenir’s website provides you access to a variety of resources, including company services’ and solutions’ information, download areas, communication forums and product information (refer to all these as Services). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Without explicit permission from Avenir, all the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of our Services.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from this web site ("Software") is the copyrighted work of Avenir Technologies. The Software is made available for downloading solely for use by end users and any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this web site from any of the countries to which the export of software is prohibited.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The software is warranted only according to the terms of the license agreement. However, in no event shall Avenir be held accountable for any direct, special, indirect, incidental, or consequential damages whatsoever, resulting from loss of use, data or profits, either in an action of contract, arising out of or in connection with the use or performance of information available from this web site.
For your convenience, Avenir may make available as part of the services or in its software products, tools and utilities for use and/or download. Avenir does not provide any guarantees with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Avenir product or service offered on this Web Site requires you to access an account, you are entirely responsible for maintaining the confidentiality of your Username and Password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Avenir Technologies immediately of any unauthorized use of your account or any other breach of security. Avenir Technologies will not be liable for any loss that you may incur as a result of someone else accessing your account, either with or without your knowledge. However, you could be held liable for losses incurred by Avenir Technologies or another party due to someone else using your account information. You may not use anyone else’s account login information at any time, without the permission of the account holder.
• Use the Communication Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, forums, communities, personal accounts and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Avenir has no obligation to monitor the Communication Services. However, Avenir reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Avenir reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Avenir reserves the right at all times to disclose any information as Avenir deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Avenir’s sole discretion.
Avenir does not control or endorse the content, messages or information found in any Communication Services and, therefore, Avenir specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Avenir Technologies’ server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts or computer systems through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.