It is illegal and strictly prohibited to distribute, publish, offer for sale, license or sublicense, give or disclose to any other party, this product in hard copy or digital form. All offenders will be sued in a court of law.
1. Acceptance of terms
- This Agreement, which incorporates by reference other provisions applicable to use of agptek.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in agptek.com, sets forth the terms and conditions that apply to use of agptek.com by User. By using AGPTEK (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use agptek.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- AGPTEK shall have the right at any time to change or discontinue any aspect or feature of agptek.com, including, but not limited to, content and hours of availability for access or use.
2. Changed terms
AGPTEK shall have the right at any time to change or modify the terms and conditions applicable to User’s use of agptek.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on agptek.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of agptek.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. Description of services
Through its Web property, AGPTEK provides User with access to a variety of resources, including download areas, communication forums and product information. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
4. User conduct
- User shall use agptek.com for lawful purposes only. User shall not post or transmit through agptek.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AGPTEK ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in AGPTEK’s discretion restricts or inhibits any other User from using or enjoying agptek.com will not be permitted. User shall not use agptek.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with AGPTEK.
- agptek.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of agptek.com are copyrighted as a collective work under the copyright laws. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AGPTEK and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on agptek.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of agptek.com, User automatically grants, or warrants that the owner of such material has expressly granted AGPTEK the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants AGPTEK the right to edit, copy, publish and distribute any material made available on agptek.com by User.
5. Use of services
The Services may contain e-mail services, forums, communities and/or other message or communication facilities designed to enable User to communicate with others. User agrees to use the services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, User agrees that when using the services, User will not:
- Use in connection with surveys, contests, 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 User 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, unless such Forum specifically allows such messages. Download any file posted by another user of a Communication Service that User 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 Forum.
- 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.
AGPTEK has no obligation to monitor the Forum. However, AGPTEK reserves the right to review materials posted to the Forum and to remove any materials in its sole discretion. AGPTEK reserves the right to terminate User’s access to any or all of the Forum at any time, without notice, for any reason whatsoever. AGPTEK reserves the right at all times to disclose any information as it 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 AGPTEK’s sole discretion.
Materials uploaded to the Forum may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Forum. AGPTEK does not control or endorse the content, messages or information found in any Forum and, therefore, AGPTEK specifically disclaims any liability with regard to the Forum and any actions resulting from User’s participation in Forum. Managers and hosts are not authorized AGPTEK spokespersons, and their views do not necessarily reflect those of AGPTEK.
6. Member account, password, and security
If any of the Services requires User to open an account, User must complete the registration process by providing AGPTEK with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify AGPTEK immediately of any unauthorized use of User’s account or any other breach of security. AGPTEK will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by AGPTEK or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
7. Notice specific to documents available on this web site
Permission to use Documents (such as user manual, press releases, datasheets and FAQs) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
AGPTEK and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. AGPTEK and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. in no event shall AGPTEK and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. AGPTEK and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
8. Notices regarding software, documents and services available on this site in no event shall AGPTEK and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
9. Materials provided to AGPTEK or posted at its web sites
AGPTEK does not claim ownership of the materials User provide to AGPTEK (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting AGPTEK permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all AGPTEK Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission.
10. Disclaimer of warranty; limitation of liability
- User expressly agrees that use of agptek.com is at user’s sole risk. neither AGPTEK, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that agptek.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of agptek.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through agptek.com.
- agptek.com is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- In no event will AGPTEK, or any person or entity involved in creating, producing or distributing agptek.com or the AGPTEK software, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use agptek.com. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
- In addition to the terms set forth above neither, AGPTEK, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within agptek.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
11. Links to third party sites
The links in this area will let you leave AGPTEK’s site. The linked sites are not under the control of AGPTEK and AGPTEK is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. AGPTEK is not responsible for webcasting or any other form of transmission received from any linked site. AGPTEK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AGPTEK of the site.
AGPTEK shall have the right, but not the obligation, to monitor the content of agptek.com, to determine compliance with this Agreement and any operating rules established by AGPTEK and to satisfy any law, regulation or authorized government request. AGPTEK shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on agptek.com. Without limiting the foregoing, AGPTEK shall have the right to remove any material that AGPTEK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Any rights not expressly granted herein are reserved.