Aspectium Terms Of Service
This Agreement is between you and Aspectium LLC ("Aspectium") and consists of the below terms and conditions, the Privacy Statement, the Terms of Sale, and the pricing and related terms for your Service. This Agreement is effective on the date you start using any Aspectium products or services, including Aspectium websites and applications (products). Key terms are defined in Section 10.
1. Use of Services.
a. Right to use. We grant you the right to create and maintain up to two (2) accounts, access and use the Services and to install and use Software included with your Subscription, as further described in this agreement, across a maximum of five (5) devices. We reserve all other rights.
b. Manner of use. You may use the Service only in accordance with this agreement. You may not reverse engineer, decompile, disassemble or work around technical limitations in the Service. You may not disable, tamper with or otherwise attempt to circumvent any billing or usage mechanism that meters your use of the Service. Unless otherwise specified, the Aspectium Website and Services are for your personal and non-commercial use. You may not rent, lease, lend, resell, transfer, or sublicense any Service to or for third-parties.
c. Responsibility for your accounts. You are also responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Services. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Services. You could be held liable for losses incurred by Aspectium or another party due to someone else using your account. You may not use anyone else's account at any time, without the permission of the account holder.
d. Updates. We may make changes to the Services from time to time. We will provide you with 1 month prior notice before removing any material feature or functionality (excluding Previews), unless security, legal or system performance considerations require an expedited removal.
e. Preview releases. We may make available Previews. PREVIEWS ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND ARE EXCLUDED FROM THE LIMITED WARRANTY, IF ANY. Previews may be subject to reduced or different security and privacy commitments, as further explained in the Privacy Statement and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability."
f. No Unlawful or Prohibited Use. You warrant to Aspectium that you will not use the Aspectium Website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Aspectium Website or Services in any manner which could damage, disable, overburden, or impair the Aspectium Website or Services or interfere with any other party's use and enjoyment of the Aspectium Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Aspectium Website or Services. You may not submit any personal information if you are under 18 years of age.
g. Throttling. Aspectium may limit the number of requests that you can make to the Aspectium Website or Services to protect our system or to enforce reasonable limits on your use. The throttling limits may be changed at any time, with or without notice.
2. Security, privacy, and data protection.
a. Security. We maintain appropriate technical and data security procedures intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
b. Privacy. We treat Customer Data in accordance with our Privacy Statement at https://aspectium.com/privacy
c. Third-party requests. We will not disclose Customer Data to a third-party (including law enforcement, other government entity, or civil litigant; excluding our subcontractors, controlled subsidiaries and affiliates) except as you direct or unless required by law or to comply with a legal process. Should a third-party contact us with a demand for Customer Data, we may ask the third-party to contact you directly and may provide your basic contact information to the third-party. If compelled to disclose Customer Data to a third-party, we will use commercially reasonable efforts to notify you in advance of a disclosure unless legally prohibited from doing so. You are responsible for responding to requests by a third-party regarding your use of Services, such as a request to take down content under the U.S. Digital Millennium Copyright Act.
d. Subcontractors. We may hire other companies to provide limited services on our behalf. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide, and they are prohibited from using Customer Data for any other purpose. We remain responsible for our subcontractors' compliance with the obligations set forth in this agreement.
3. Purchasing Services.
a. Available Offers. The Aspectium Website provides pricing and related terms for available Subscription offers, which generally can be categorized as one or a combination of the following:
i. Commitment Offering. You commit in advance to purchase a specific quantity of Services for use during a Term and pay upfront or on a periodic basis during the Term in advance of use.
ii. Limited Offering. You receive a limited quantity of Services for a limited term without charge (for example, a free trial) or as part of another Aspectium offering. Provisions in this agreement with respect to pricing, cancellation fees, payment, and data retention may not apply.
b. Ordering. By placing an order, you agree to the pricing and related terms for that Subscription offer.
c. Pricing and payment. Payments are due and must be made according to the pricing and related terms on the Aspectium Website for your Subscription.
i. For Commitment Offerings, the price level may be based on the quantity you ordered. Price level changes are not retroactive. All prices are subject to change at the beginning of any Subscription renewal.
d. Renewal and extension. Renewal and extension is subject to the renewal terms posted on the Aspectium Website for your Subscription.
i. For Commitment Offerings, a Subscription automatically terminate upon expiration of the Term.
ii. For Limited Offerings, renewal may not be permitted.
e. Taxes. Prices are exclusive of any taxes. You shall pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order placed under this agreement and which we are permitted to collect from you under applicable law.
4. Term, termination, and suspension.
a. Agreement Term and termination. This agreement will remain in effect unless you terminate it.
b. Subscription Term and termination. You may terminate a Subscription at any time during its Term, however, you must pay all amounts due and owing before the termination is effective and no refunds will be provided. A recurring Subscription may be terminated anytime without any cancellation fee.
c. Customer Data return and deletion. You may extract and/or delete Customer Data at any time. When a Subscription expires or terminates, we will retain any Customer Data you have not deleted for at least 12 months so that you may extract it, except for free trials, where we may delete Customer Data immediately without any retention period. Following the expiration of this retention period, we will delete all Customer Data, including any cached or backup copies, within 30 days of the end of the retention period. You agree that we have no additional obligation to continue to hold, export or return Customer Data and that we have no liability whatsoever for deletion of Customer Data pursuant to these terms. This subsection 4(c) does not apply to content you post for public display or use. For public content, subsection 8(c) applies.
d. Regulatory. In any country where any current or future government regulation or requirement applies to us, but not generally to businesses operating there, presents a hardship to us operating the Services without change, and/or causes us to believe this agreement or the Services may be in conflict with any such regulation or requirement, we may change the Services or terminate the agreement. If we use this subsection 4(d) of the agreement to change the Services, then you may terminate this agreement.
e. Suspension. We may suspend your use of the Services if: (1) reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Section 5 within a reasonable time; (3) you do not pay amounts due under this agreement; or (4) you violate other terms of this agreement. A suspension will apply to the minimum necessary part of the Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. If you do not fully address the reasons for the suspension within 60 days after we suspend, we may terminate your Subscription and delete your Customer Data without any retention period.
5. Defense of claims.
a. Defense. We will defend you against any claims made by an unaffiliated third-party that the Service infringes its patent, copyright or trademark or makes unlawful use of its trade secret. You will defend us against any claims made by an unaffiliated third-party that (1) any Customer Data you provide directly or indirectly in using the Service infringes the third-party's patent, copyright, or trademark or makes unlawful use of its trade secret or (2) arise from violation of subsection 8(c).
b. Limitations. Our obligations in subsection 5(a) will not apply to a claim or award based on: (1) Customer Data, Non-Aspectium Service, modifications you make to the Service, or materials you provide or make available as part of using the Service; (2) your combination of the Service with, or damages based upon the value of, a Non-Aspectium Service, data or business process; (3) your use of an Aspectium trademark without our express written consent, or your use of the Service after we notify you to stop due to a third-party claim; or (4) your redistribution of the Service to, or use for the benefit of, any unaffiliated third-party.
c. Remedies. If we reasonably believe that a claim under subsection 5(a) may bar your use of the Service, we will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent. If these options are not commercially reasonable, we may terminate your rights to use the Service and then refund any advance payments for unused Subscription rights.
d. Obligations. Each party must notify the other promptly of a claim under this Section 5. The party seeking protection must (1) give the other sole control over the defense and settlement of the claim; and (2) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment (or settlement that the other consents to). The parties' respective rights to defense and payment of judgments or settlements under this Section are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law rights. Any cause of action or claim you may have with respect to this Agreement must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
6. Limitation of liability.
a. Limitation. The aggregate liability of each party under this Agreement is limited to direct damages up to the amount paid under this Agreement for the Services giving rise to that liability during the 12 months before the liability arose, or for Services provided free of charge, Five United States dollars ($5.00 USD).
b. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ASPECTIUM WEBSITE AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASPECTIUM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ASPECTIUM WEBSITE AND SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE ASPECTIUM WEBSITE AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, POLITICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ASPECTIUM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ASPECTIUM WEBSITE AND SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ASPECTIUM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT ASPECTIUM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE ASPECTIUM WEBSITE AND SERVICES. YOU SPECIFICALLY AGREE THAT ASPECTIUM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ASPECTIUM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE ASPECTIUM WEBSITE AND SERVICES BY ANY THIRD-PARTY.
IN NO EVENT SHALL ASPECTIUM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASPECTIUM WEBSITE AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE ASPECTIUM WEBSITE AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ASPECTIUM WEBSITE AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ASPECTIUM WEBSITE AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASPECTIUM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASPECTIUM WEBSITE AND SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ASPECTIUM WEBSITE AND SERVICES.
c. Exceptions to Limitations. The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under Section 5 or subsection 9(k); or (2) violation of the other's intellectual property rights.
7. Software.
a. Software provided for use on devices. If the Software is provided to you with its own proprietary license terms, those terms control.
b. Effect of termination or expiration on Software application. If this Agreement or a Subscription is terminated or expires and you do not exercise an available buy-out option for Software, then you must delete all copies of Software licensed under this agreement and destroy any associated media.
c. Other rights. Rights to access Software on any device do not give you any right to implement Aspectium patents or other Aspectium intellectual property in software or devices that access that device.
d. Third-party software. Software may contain third-party proprietary programs that are licensed under separate terms that are presented to you. Software may also contain third-party open source programs that Aspectium, not the third-party, licenses to you under Aspectium's license terms. Notices, if any, for the third-party open source programs are included for your information only.
8. Content.
a. Links to Third-party Sites. The Aspectium Website and Services may contain links to or feeds from other Websites ("Linked Sites"). The Linked Sites are not under the control of Aspectium and Aspectium is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Aspectium is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aspectium of the site or any association with its operators.
b. Links to Aspectium Websites. Unless otherwise set forth in a written agreement between you and Aspectium, you must adhere to Aspectium's linking policy as follows: (1) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Aspectium's names and trademarks, (2) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Aspectium, (3) when selected by a user, the link must display the Aspectium Website on full-screen and not within a "frame" on the linking website, and (4) Aspectium reserves the right to revoke its consent to the link at any time and in its sole discretion. Use of any of Aspectium's logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.
c. User Content. The Aspectium Website and Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- 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, infringing, obscene, sexually explicit, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Upload or otherwise make available files that contain images, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Use any material or information, including images, which is made available through the Aspectium Website and Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any 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 or contained in data that is posted.
- Restrict or inhibit any other user from using the Communication Services.
- Violate any terms which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use for any high risk use (where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
Aspectium has no obligation to monitor the Communication Services. However, Aspectium reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Aspectium reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Aspectium reserves the right at all times to disclose any information as 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 Aspectium's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Aspectium does not control or endorse the content, messages or information found in any Communication Service and, therefore, Aspectium specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded or posted to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
By posting or providing any content on or through the Aspectium Website or Services, for public display or use, you hereby grant to Aspectium a worldwide, irrevocable, royalty-free, nonexclusive, license to reproduce, use, adapt, modify, publish, translate, publicly display, distribute and create derivative works from such content in any form, for non-commercial or commercial use, and Aspectium may sublicense all or part of its rights under this license or assign them to third-parties. You represent and warrant that: (1) you own the content posted by you on or through the Aspectium Website or Services, or otherwise have the right to grant the license set forth in this section, and (2) the posting of your content on or through the Aspectium Website or Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or legal entity.
d. Submissions. Aspectium or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or services or technologies, processes, materials, marketing plans or new product or service names. Do not send us any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Aspectium's products, services or marketing strategies might seem similar to ideas submitted to Aspectium. So, please do not send your unsolicited ideas to Aspectium or anyone at Aspectium. If you send us your ideas or feedback (unsolicited or solicited), then Aspectium makes no assurances that your ideas will be treated as confidential or proprietary. No compensation will be paid with respect to the use of your submissions.
e. Customer Support. If we provide Fixes to you in the course of performing Customer Support, those Fixes are licensed according to this Agreement. All rights to any materials developed or otherwise obtained by or for the parties ("Pre-Existing Work") shall remain the sole property of the party providing the Pre-Existing Work. During the performance of Customer Support, each party grants to the other party (and our contractors as necessary) a temporary, non-exclusive license to use, reproduce and modify any of its Pre-Existing Work provided to the other party, solely as needed to perform its obligations in connection with the Customer Support. All rights in any materials developed by Aspectium and provided to you in connection with Customer Support ("Materials") shall be owned by us except to the extent such Materials constitute your Pre-Existing Work.
9. Miscellaneous.
a. Notices. You must send notices by mail to the address below.
Aspectium LLC
5465 Legacy Drive, Suite 650
Plano, Texas 75024
USA
You agree to receive electronic notices from us, which will be sent by email to the email address you specify, or by other electronic means. Notices are effective on the date when sent.
b. Assignment. You may not assign this Agreement either in whole or in part.
c. Severability. If any part of this Agreement is held unenforceable, the rest remains in full force and effect.
d. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Aspectium's failure to act with respect to any failure by you or others to comply with any provision of this Agreement does not waive Aspectium's right to act with respect to subsequent or similar failures.
e. No agency. We are independent contractors. This Agreement does not create an agency, partnership or joint venture.
f. No third-party beneficiaries. There are no third-party beneficiaries to this Agreement.
g. Applicable law and venue. This Agreement is governed by State of Texas law, without regard to its conflict of laws principles. Any action to enforce this Agreement must be brought in in a state or federal court in or for Collin County, in the State of Texas, U.S.A. This choice of jurisdiction does not prevent Aspectium from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights. If you choose to access Aspectium Services from locations outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
h. Entire agreement. This Agreement (which includes the Privacy Statement and the Terms of Sale listed on the Aspectium Website) is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
i. Survival. The following provisions will survive this Agreement's termination or expiration: 1c-f, 2b-d, 3e, 4a-c, 5, 6, 7b-c, 8b-e, and 9, 10. This Agreement will remain in effect for any Subscription term.
j. U.S. export jurisdiction. The Products and Services may be subject to customs and export control laws and regulations of the United States and/or other countries. By purchasing, licensing, downloading or using such products and services, you agree to comply with all international and national laws and regulations that apply to such products and services, including, without limitation, the U.S. Export Administration Act and the U.S. Arms Export Control Act.
k. Force majeure. Neither party will be liable for any failure in performance due to causes beyond its reasonable control, such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services). This section will not, however, apply to your payment obligations under this Agreement.
l. Modifications. We may modify this Agreement or other legal terms at any time by posting a revised version on the Aspectium Website at https://aspectium.com or by notifying you directly. Modified terms that relate to changes or additions to the Service or that are required by law will be effective immediately, and by continuing to use the Services you will be bound by the modified terms. All other modified terms will be effective upon renewal (including automatic renewal) or extension of an existing Subscription, or an order for a new Subscription.
m. Copyright and Trademark Notices. All contents of the Aspectium Website and related Services are: Copyright © Aspectium LLC and/or its suppliers, 5465 Legacy Drive, Suite 650, Plano, Texas 75024, USA. All rights reserved. Aspectium, the Aspectium logos, and/or other Aspectium products and services referenced herein are either trademarks or registered trademarks of Aspectium LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted on the Aspectium Website and Services are fictitious. No association with any real company, organization, product, service, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
n. Notices and Procedure for Making Claims of Copyright Infringement. If you are a copyright owner or agent thereof and believe that content posted on the Aspectium Website or Services infringes upon your copyright, please submit notice, pursuant to the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our office with the following information: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) the URL or other path of the location on our Aspectium Website or Services containing the material that you claim is infringing; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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 the copyright owner's behalf. ANY NOTICES THAT DO NOT PROVIDE ALL THE REQUIRED INFORMATION WILL RECEIVE NO RESPONSE AND NO ACTION WILL BE TAKEN.
o. Indemnity. You agree to indemnify, defend and hold Aspectium, its parents, subsidiaries, affiliates, agents, partners, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Aspectium Website or Services.
10. Definitions.
Any reference in this Agreement to "day" will be a calendar day.
"Commitment Offering", or "Limited Offering" describe categories of Subscription offers and are defined in Section 3.
"Customer Data" means all data, including all text, audio, video, software, or image files, which are provided to us by, or on behalf of, you through your use of the Services.
"Customer Support" means all support or advice provided to you under this Agreement.
"Device" means a browser or application instance.
"Fixes" means Product or Service fixes, modifications or enhancements, or their derivatives, which Aspectium either releases generally, or that Aspectium provides to you when performing Customer Support to address a specific issue.
"Non-Aspectium Service" is any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our Service or elsewhere.
"Previews" means preview, beta, or other pre-release versions of the Services or Software offered by Aspectium to obtain customer feedback.
"Privacy Statement" means the Aspectium Privacy Statement, published at https://aspectium.com/privacy or at an alternate site that we identify.
"Service" means any Aspectium Website, Service or Product (software application), including Application Programming Interfaces (APIs and Web Services).
"Services" means one or more of the Aspectium product (software), services, including websites or applications, or features made available to you under this Agreement by Aspectium and identified on the Aspectium Website at https://aspectium.com
"Software" means Aspectium software applications we provide to you as part of the Services for use with the Services.
"Subscription" means an enrollment for Services for a defined Term as specified on the Aspectium Website. You may purchase multiple Subscriptions, which may be administered separately.
"Term" means the duration of a Subscription (for example, 30 days or 12 months).
"we" and "us" means Aspectium, controlled subsidiaries and affiliates, as appropriate.
"Website" means the online website from which you purchase a Subscription at https://aspectium.com
"you" and "your" means you or the entity signing this Agreement to use the Product or Service.