60EAST TECHNOLOGIES, INC.
Updated: June 20, 2016
- Use Terms. You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for personal and noncommercial use. You shall not duplicate, download, publish, modify, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from materials on the Site, or otherwise distribute the material on or available through the Site, for any purpose other than for personal use, unless specifically authorized by us in writing to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us in writing to do so. The content and software on this Site is the property of 60East Technologies, Inc. and is protected by United States and international copyright laws.
- Upload, post, email, transmit or otherwise make available any content (via the Site) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Site, Site materials, services or materials available or for sale through the Site, or Site activities, to threaten, stalk, defraud, incite, or otherwise harass or harm another; or to advocate the harassment of another person or entity; or otherwise to interfere with the use of the Site;
- Impersonate any person or entity, including, but not limited to, a 60East employee or official, or a 60East representative or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity, or collect or store personal data about other users in connection with prohibited conduct and activities;
- Use the Site or materials available thereon to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Site or Site content except as expressly authorized by the Company;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through or using the Site;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Use the Site or Site materials in any manner that could damage, disable, overburden, or impair any Company server, networks or network connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or Site materials or interfere with any other party's use and enjoyment of the Site or Site materials;
- Attempt to gain unauthorized access to any Site or Site materials, other accounts, computer systems or networks connected to any Company server or materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Site materials;
- Use the Site to mine, record or gather information about other users;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
- Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- US Government Restricted Rights. The materials available on or through the Site including the 60East AMPS software product are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the materials available on or through the Site including the 60East AMPS software product by the Government constitutes acknowledgment of the Company's proprietary rights in them.
- Copyright Policy. We may terminate the privileges of any user who uses the Site to unlawfully transmit or post copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
- Representations by You. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal proprietary rights.
- License Granted by You. By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and nonproprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
- Advertising. The Site may contain advertising or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
- No Commercial Use. You may not use this Site for any commercial purposes such as to conduct sales of merchandise or services of any kind. The Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the site.
- Links and Search Results. The Site may contain links to sites operated by third parties. The Company has no control over these sites or the content within them. The Company does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Digital Millennium Copyright Act Policy. If you are notifying the Company of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C.A. Section 512:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest allegedly infringed;
- A description of the copyright interest that you claim is being infringed;
- A description of where the alleged infringing material is located on the Site, including an url of the specific location of the alleged infringing material;
- Your contact information including your address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent or the law, and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Designated Copyright Agent for Notification of Claims of Copyright Infringement.
10620 Southern Highlands Pkwy
Las Vegas, NV 89141
Counter-Notice. If you believe that your content was removed, or access to it disabled, and that it does not infringe on another party’s copyright or that you have authorization from the copyright owner, its agent or according to law to use the material in question, you may send a counter-notice containing the following information to the Company’s Copyright Agent, designated above, that includes:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled, the location where the content appeared before it was removed or disabled;
- A statement made under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content;
- Your name, address, telephone number, email address, and
- A statement that you consent to the jurisdiction of the federal court located in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided the notification of the alleged infringement.
If the Company’s Copyright Agent receives a counter-notice, the Company may send a copy of the counter-notice to the party who sent the original infringement notice informing that person that the content in question may be replaced on the Company’s site after ten (10) business days if the original complainant does not send the Company’s copyright agent a notice that the complaining party filed an action seeking a court order restraining the user who uploaded the content from infringing activity related to the removed or disabled content.
BE WARNED THAT KNOWINGLY MISREPRESENTING THAT MATERIAL IS OR IS NOT INFRINGING MAY SUBJECT YOU TO PENALTIES, COURT COSTS, AND/OR ATTORNEYS’ FEES INCURRED BY THE COMPANY, ANY COPYRIGHT OWNER OR COPYRIGHT OWNER’S AGENT THAT IS INJURED AS A RESULT OF RELYING ON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO PROSECUTION FOR PERJURY.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE STIE (THE “SITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDR APPLICABLE LAW. NEITHER THE COMPANY NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE SITE COTNENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPNENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnification. You agree to defend, indemnify, and hold the Company and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all damages, liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site, the content therein, the product and services sold thereon, and the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents is illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.