Terms of Use
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ScalePassion LLC’s relationship with you in relation to this website.
User Registration and Submitted ContentTo use certain features of our site, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) (collectively, the “Account”) and for all activities and liabilities associated with or occurring under your Account. You must notify us immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Account. You may not transfer your Account and you may not use anyone else’s Account at any time without the permission of the account holder. In consideration of your use of the site, you agree to (a) provide true, accurate, current and complete information about yourself (such information being ”Your Data“), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse or restrict any and all current or future use of our site. By providing us with your member log-in information, you give us permission to add your name to our regular e-News mailing list. You may unsubscribe from this newsletter at any time. Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to the Site by any means (the “Submitted Content”) will be treated as non-confidential and subject to the license below, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control, redistribution, professional development, as well as our developing, manufacturing, and marketing our current and/or future services. While you retain any and all rights in any Submitted Content you make available to us, you automatically grant and/or warrant that the owner has granted to us a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submitted Content (or any portion or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to modify or deliver the Services. This license enables us to provide the Services and provide access to the Submitted Content and is not intended to otherwise limit your rights to the Content. You acknowledge that we may screen Submitted Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Submitted Content. Without limiting the foregoing, we have the right to remove any Submitted Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve Submitted Content and may disclose Submitted Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Submitted Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public. The opinions of our various experts are not necessarily the opinion of ScalePassion.com and its management. Copyrights and TrademarksYou acknowledge that this site and the technology underlying its services and features, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site (collectively, the “content”) are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (the “Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site or its content, in whole or in part. Any unauthorized or prohibited use of the site may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the site or its contents will terminate the limited license granted by us. The trademarks, service marks, and logos (the ”Trademarks“) used and displayed on the site or in any content are registered and unregistered trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site should be construed as granting, any license or right to use any trademark displayed on the site or in connection with the content without the written permission of the applicable trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the trademarks, either ours or others, in any way without the prior written permission of the applicable trademark owner. We prohibit use of our logo as a “hot”link to any other website unless approved by us in advance in writing. Indemnification and TerminationYou agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses. We reserve the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” located on the site. The most current version of the Terms will supersede all previous versions. Your use of the site after changes are made means that you agree to be bound by such changes. We may terminate your use of the site immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Site for any reason or no reason. In the event of termination or expiration, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the general provisions below. You agree that upon the termination, we may delete all information related to you on the Site and may bar your access to the Site. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. |