2. WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
A. Noblis Intellectual Property
This Website and the computers (including the software and files) used to run and maintain it are the property of Noblis. This Website, the computers hosting this Website, and content provided on this Website, including the text, graphics, audio and video, podcasts, and downloads, are the exclusive property of Noblis or are licensed to Noblis, and are protected by law, including United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, Noblis does not grant any express or implied rights to you. The contents of this Website are © 1996-2009, Noblis, Inc., 3150 Fairview Park Drive, Falls Church, Virginia 22042, U.S.A. All rights reserved. Noblis also owns copyright rights in the Website as a collective work and/or compilation, and in any and all databases accessible on or through the Website. NOBLIS and NOBLIS Design Logo and any combination of them, as well as the marks identified in Section 5 of this Agreement are service marks of Noblis, Inc. The Website may also include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
B. Notice and Procedure for Making Claims of Intellectual Property Infringement
It is Noblis’ policy to respect the intellectual property rights of others. Under this policy, Noblis will not knowingly post content of any kind on the Website that infringes the copyright rights or other intellectual property rights of others. If you believe that your work has been used in a way that constitutes copyright infringement or any other intellectual property violation, please send (i) a description of the work; (ii) a description of the location of the work on the Website, including the URL; (iii) your name, address, and telephone number; (iv) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (v) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright or other intellectual property rights owner or acting on behalf of the copyright or other intellectual property rights owner. Please send these materials to: Noblis, Inc., 3150 Fairview Park Drive, Falls Church, Virginia 22042, Attention: Legal Department
Additionally, it is Nobis’ policy to terminate access to the Website by any users we determine to be “repeat infringers” of the copyright rights or other intellectual property rights of others.
3. LICENSE GRANT
Noblis grants to you a personal, revocable, nonexclusive, nontransferable license to use this Website conditioned on your continued compliance with this Agreement. Limited portions of the content on the Website may be accessed, printed and downloaded by Noblis’ clients, potential clients, and members of the public on an occasional basis for their own personal, non-commercial use. You may not under any circumstances copy, print or download in any medium all or substantially all of the entire content of the site. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Website, without written permission from Noblis. You may not remove any copyright notices or other notices of intellectual property rights from the Website or any content available on or through the Website. Any unauthorized use of this Website will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
For information on obtaining permission to use any copyrighted materials beyond the uses permitted in this Agreement, please send an email to email@example.com.
4. CONDITIONS OF USE; ASSUMPTION OF RISK
You agree not to use this Website for any purpose that is unlawful or prohibited by this Agreement, including but not limited to attempting or actually (a) committing a criminal offense or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data from the United States (b) disrupting, impairing or otherwise interfering with the operation or integrity of the Website or circumventing any Website security system; (c) imposing an unreasonable load on the Website’s infrastructure or infecting it with viruses, worms, or other malicious computer programs upload (d) reverse engineering or decompiling the software comprising the Website; (e) accessing the Website or any portion of the Website without authorization or in a way that exceeds your authorization (c) collecting any information about other users of the Website; (f) systematically extracting data contained in the Website to populate databases for internal or external use; (g) reproducing, duplicating, copying, using, distributing, selling, reselling, or otherwise exploiting for any commercial purposes, any portion of the Website or any material or information obtained on or through the Website; (h) altering, damaging, or deleting any Website content or otherwise disrupting, interfering or otherwise negatively affecting the ability of others to access or use the Website; (i) claiming a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Noblis); (j) providing false or misleading personal information or email addresses, or impersonate any other person or entity; (k) harm minors in any way; (l) stalk or otherwise harass another person; and/or (m) uploading, posting, e-mailing, or otherwise transmitting any (i) material that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable, (ii) material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (iii) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Noblis is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. Noblis shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Website.
5. TRADEMARKS (Trademarks on the Website)
Noblis trademarks and service marks appearing on the Website include but are not limited to:
Innovative Technology in the Public Interest
Tek TV – “Give us 10 minutes and we’ll give you technology”
Teal plus Design Logo
6. USER SUBMISSIONS
7. ENFORCING SECURITY; TERM AND TERMINATION; AMENDMENTS
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. For your protection, Noblis reserves the right to view, monitor, and record activity on the Website without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Website. Noblis will also comply with all court orders involving requests for such information.
A. Links to the Website
You may create a link from your website to the home page of the Website, and/or other publicly available portions of the Website not protected by password or other control measures; provided however, that you notify Noblis of such link by sending an e-mail to firstname.lastname@example.org; and that you do not remove, obliterate, cancel or obscure from view, any Noblis Mark, copyright or other proprietary notice, mark or legend, advertisements or other notices appearing on any part of the Website. Noblis reserves the right to revoke your permission to link to the Website in its absolute and sole discretion, and you agree to immediately comply with such request. Further, any third party website that links to the Website: (a) shall not create a frame around content of the Website; (b) shall not replicate the content of the Website; (c) shall not state or imply that Noblis sponsors or endorses the third-party website; (d) shall not libel or present false or misleading information of any kind, including information about Noblis or its members; and (e) shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate. The posting or creation of any link to the Website signifies that you have read and agree to abide by this Agreement. If you believe that any website that links to the Website contains illegal, offensive, or inappropriate content, please send an email to email@example.com.
B. Links from the Website
Links to other websites or Internet locations from the Website have been provided for your convenience only. Noblis does not endorse, sponsor, or approve of any content of such websites or locations, and any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by Noblis. Noblis has no control over any of the websites or Internet locations that you may access through the Website, and accordingly, Noblis expressly disclaims any responsibility for the content, the accuracy of the content, and/or the quality of products or services provided by or advertised on any such website or location. If you access any other website or Internet location through the Website, you do so at your own risk. If you believe that any link on the Website leads to an illegal, offensive, inappropriate, or unavailable/non-existent website, please send an email to firstname.lastname@example.org.
9. DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS WEBSITE, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOBLIS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AVAILABLE ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. ALTHOUGH NOBLIS WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, NOBLIS DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS WEBSITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NOBLIS DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS WEBSITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL NOBLIS BE LIABLE TO YOU OR ANY OTHER PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PRESENT OR PROSPECTIVE PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF NOBLIS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
You agree to indemnify and hold Noblis, its affiliates, and each of their respective directors, officers, legal representatives, agents, partners, employees, successors and assigns, harmless from and against any claim or demand, including reasonable attorneys’ fees and amounts paid to settle claims or demands, made by any third party due to or arising out of your use of this Website, or any breach of this Agreement by you.
12. NATURE OF RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and Noblis as a result of this Agreement or use of this Website.
13. MODIFICATION OF THE WEBSITE
Noblis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or any information or services provided in connection with the Website, with or without notice. You agree that Noblis will not be liable to you or to any third party for any modification, suspension, or discontinuance of service.
14. JURISDICTION AND CHOICE OF LAW
This Website is hosted on servers located in the Commonwealth of Virginia, United States of America. All disputes arising out of or relating to this Agreement or Noblis’ operation of this Website shall be resolved by binding arbitration in the County of Fairfax in the Commonwealth of Virginia, United States of America, pursuant to the rules of the American Arbitration Association (“AAA”), by a single arbitrator. The parties shall select the arbitrator. If they are unable to agree on an arbitrator, the arbitrator shall be selected by the AAA. All such disputes shall be governed by the laws of Virginia and applicable federal laws, without giving effect to conflicts of laws principles. Neither the U.N. Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transactions Act (“UCITA”), as enacted in the Commonwealth of Virginia or in any other Commonwealth or State of the United States, shall apply to this Agreement.
Noblis controls and operates the Website from the County of Fairfax in the State of Virginia, United States of America and makes no representation or warranty that the content of the Website is appropriate, lawful, or available for use in other geographic locations. If you use the Website from other locations, you are responsible for compliance with all applicable local laws.
15. ENTIRE AGREEMENT; NO WAIVER
The failure of Noblis to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other persons shall not in any way constitute a waiver of Noblis’ rights to enforce any provision of this Agreement against you or any other person at any time.
Noblis may give notices to users of the Website, at Noblis’ option, by posting a message on the Website, by e-mail, or by regular mail. General notices to Noblis can be sent via e-mail to email@example.com or by regular mail to Noblis, Inc., 3150 Fairview Park Drive, Falls Church, Virginia 22042, Attention: Corporate Communications. Legal notices will be sent by regular mail to Noblis, Inc., 3150 Fairview Park Drive, Falls Church, Virginia 22042, Attention: Legal Department.
Please report any violations of this Agreement to firstname.lastname@example.org.