Terms and Conditions
Symantec "CONNECT" and its associated discussion forum and community support website ("Online Communities Website") and related services (the "Services") are provided by Symantec Corporation and it's Affiliated Entities (collectively, "Symantec", "us", and "our", and "we").
Use of Documents
The information on the Online Communities Website is protected by copyright. Except as otherwise indicated on the site, you may download, view, copy and print documents, including graphics incorporated in the documents, that Symantec publishes on the Online Communities Website ("Documents") such as (without limitation) white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes, and may not be copied or posted on any network computer or broadcast in any media; (b) any copyright and proprietary notices are replicated in any copies of the Documents; and (c) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other content from the Online Communities Website in whole or in part without the express authorization of Symantec. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the layout or design of this website. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly set forth herein.
Use of Software
Any Symantec software and accompanying documentation you download or access through the Online Communities Website ("Software") is the copyrighted work of Symantec and/or a third party software provider. Use of the Software is subject to the terms of an end user software license agreement ("EULA") that accompanies or is included with the Software. An end user will be unable to install any Symantec Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the EULA. All rights, title and interest not expressly granted are expressly reserved by Symantec. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except where expressly provided otherwise, pursuant to Section 10, all Symantec Software is provided on an "as is" basis, and Symantec expressly disclaims all warranties of any kind, whether express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, trial ware (if any) has not been validated by Symantec, may possess errors or bugs, or may cause issues if used in conjunction with other software. Use of such trial ware is solely at your own risk.
Use of Forums and Public Communication
You agree not to upload, email, post, publish, distribute or otherwise transmit through the Online Communities Website any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
2. DESCRIPTION OF THE ONLINE COMMUNITIES WEBSITE AND THE SERVICES
The Online Communities Website and Services are designed to create and support an online community where, subject to all of their obligations under the applicable agreement, or other pertinent Symantec-related agreements: (a) Symantec customers or partners can share their experiences about Symantec services and about business in general and (b) Symantec customers, partners, developers, and end users can more easily receive information from Symantec about Symantec services or any related business processes. Certain services or areas of the Online Communities Website may not be available to all Symantec customers or partners. You agree not to use any services, or access any areas of the Online Communities Website, that Symantec has not specifically authorized you to use or access.
3. EXPORT COMPLIANCE AND REGISTRATION
You may not access, download, use or export the Online Communities Website, or the Forum Content provided on the Online Communities Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Symantec in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Symantec outside the U.S. Neither the Services of Symantec nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Restricted Rights Legend.
Any Symantec software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as defined in FAR Section 52.227-19 "Commercial Computer Softrware -- Restricted Rights" and DFARS 227.7202, Rights in "Commercial Computer Software or Commerical Computer Software Documentation," as applicable, and any successor regulations, whether delivered by Symantec as on premises or hosted services. Any use, modification, reproduction, release, performance, display or disclosure of the Licensed Software and Documentation by the U.S. Government shall be solely in accordance with the terms of this Agreement. Manufacturer is Symantec Corporation, 350 Ellis Street, PO BOX 7011, Mountain View, CA, 94043.
4. DISCUSSION FORUMS AND FORUM CONTENT
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Symantec may offer you access to one or more discussion forums, chat areas, bulletin boards, news group, blog, wiki, email, or other service in which you can upload, email, post, publish or otherwise access or transmit Forum Content, as defined below ("Discussion Forums"), where users may access Symantec product information, development tools, agents, utilities, pre-release, experimental or commercially available Symantec software products, as well as post questions and discuss issues related to Symantec software with other customers, and, in certain appropriate forums, post scripts or sample code for discussion purposes (collectively, "Forum Content").
You acknowledge that all Forum Content may be viewed and copied by other visitors to this Online Communities Website, and that you are responsible for understanding and complying with all of your legal obligations about protecting the proprietary and confidential nature of Symantec products and services in choosing what to post or upload. Furthermore, you acknowledge that some of the Symantec software may be experimental or pre-release software, and notwithstanding anything to the contrary herein, Symantec expressly disclaims any and all warranties of any kind, express, implied or statutory with respect to such Symantec software, including without limitation, the warranties of non-infringement, title, merchantability, fitness for a particular purpose, and Symantec provides no warranties or representations of any kind with respect to the completeness, accuracy or fitness of any such Symantec software.
You agree that Symantec is not responsible for and will have no liability in connection with any Forum Content posted or uploaded to the Discussion Forum by you or other users. Symantec does not specifically monitor, ensure or confirm accuracy of, or provide input or support for these Discussion Forums. Rather, Symantec sponsors these discussion forums as a platform or venue for Symantec customers and other third parties to participate in the exchange of ideas and product expertise. All such information is provided on a voluntary basis. Without limiting the foregoing, Symantec has and shall have no liability regarding the accuracy of such Forum Content, and you use such Forum Content entirely at your own risk. You hereby release Symantec, and our officers, directors, agents, subsidiaries, joint ventures, and employees, from claims, demands, and damages, including actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any and all Forum Content. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. ACCEPTABLE USE AND CONDUCT
Symantec does not control or endorse the content, messages or information found in any Forum Content and, therefore, Symantec specifically disclaims any liability with regard to the Online Communities Website and associated Services and any actions resulting from your participation in any of the foregoing. Symantec hosts or participants are not authorized Symantec spokespersons, and their views do not necessarily reflect those of Symantec. You are solely responsible for your interactions with others through the Online Communities Website and the Services. Participants are asked to refrain from posting advertisements or solicitations not pertaining to the intended use and purpose of the Discussion Forums. Specifically and without limitation, you shall not upload, email, post, publish, distribute or otherwise transmit any Forum Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Online Communities Website to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Symantec, you agree not to collect or store personal data about other users. You acknowledge and agree that your conduct, and the form and content of Forum Content that you post or upload to the Online Communities Website, are your sole responsibility. Symantec cannot and does not make any guarantee with respect to the accuracy, inoffensiveness, or suitability of any content that appears on the Online Communities Website. Always use caution when choosing to voluntarily disclose any personally identifiable information about yourself. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Symantec, however, reserves the right to improve the Online Communities Website and the Services by prohibiting certain conduct and, at its sole discretion, removing Forum Content (including without limitation, illegal, outdated or inaccurate information, profanity, personal attacks, slurs and the like, and/or banning individuals from participating in any or all of the Discussion Forums) to better enhance your experience with and use of these sites), and by administering and moderating the Online Communities Website. Consequently, you agree not to:
- upload, post, email, transmit, or otherwise make available any Forum Content that is unlawful, harmful (including Forum Content that is harmful to Symantec's reputation), threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
- Use the Online Communities Website or the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- impersonate any person or entity
- violate the legal rights of another party, such as by infringing another's intellectual property rights through the posting or uploading or use of Forum Content (including without limitation, photographs or images), and further including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) or any other proprietary rights unless you own or control the rights thereto or have received all necessary consent to do the same.
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Online Communities Website or the Services
- use the Online Communities Website, Discussion Forums, or the Services to compile commercial, political, or charitable mailing lists or to facilitate the transmission of spam, junk mail, chain letters, or obscene or profane content
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising or promotional materials (including sweepstakes materials)
- Harvest or otherwise collect information about others, including e-mail addresses
- 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
- 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
- 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 Online Communities Website, Discussion Forums, or Services
- Create a false identity solely for the purpose of misleading others
- Violate any applicable laws or regulations; or
- stalk, harass, threaten any other individual, or engage in other disruptive conduct in a Discussion Forum.
Supplementary Rules and Policies
In addition, you hereby grant to Symantec a perpetual, irrevocable, worldwide, royalty free, nonexclusive, and fully sub-licenseable right and license to use, reproduce, distribute, publicly perform, publicly display, and create derivative works of all non Symantec-owned materials, including Forum Content, that you post or upload, or send to Symantec through the Online Communities Website ("Submissions"), and such foregoing rights include the right to distribute such Submissions in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Submissions have been waived. Furthermore, by posting or uploading any Submissions, you represent and warrant that you own, control or otherwise have all of the rights, including intellectual property rights, necessary to do so, and to grant to Symantec the license set forth in the preceding sentence. No compensation will be paid with respect to the use of your Submission, as provided herein. Symantec is under no obligation to post or use any Submission you may provide and Symantec may remove any Submission at any time in its sole discretion.
In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted hereunder, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth hereunder, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted hereunder, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the date on which you removed such Images.
Linking to The Online Communities Website(s)
The Online Communities Website(s) permits anyone to link to this/these websites subject to the linker's compliance with the following terms and conditions: A site that links to this/these website(s):
- May link to, but not replicate, content contained herein;
- Must not create a border environment or browser around Forum Content contained herein;
- Must not present misleading or false information about Symantec, its members, agents, employees or representatives and/or any related products or services
- Must not misrepresent the linker's relationship with the Online Communities Website(s);
- Must not imply that the Online Communities Website(s) endorse or sponsor the linker or the linker's services or products;
- Must not use the logos or trade dress of the Online Communities Website(s); without prior written permission.
Symantec Connect provides a platform wherein you can join product user groups. Joining these user groups is not required to participate on Connect. When you join a user group on Connect, you agree that the User Group organization and the User Group Advisory Board may contact you from time to time regarding user group activities.
Symantec Connect Rewards membership and related benefits are offered at the sole discretion of Symantec Corporation ("Symantec"). Symantec retains the right to change, limit, modify or cancel program rules, regulations, rewards, and reward levels at any time, with or without notice, even though such changes may affect the value of points already accumulated, the ability to use accumulated points, or the ability to obtain rewards. Symantec may, among other things:
- cancel the program without notice;
- substantially increase or decrease the number of points required for a reward without notice;
- withdraw, limit, modify, or cancel any reward;
- change program benefits, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards.
The accumulation of points does not entitle members to any vested rights with respect to points, rewards, or program benefits. In accumulating points, members may not rely upon the continued availability of any reward or reward level.
Points will expire after twelve (12) consecutive months of account inactivity. Points will not expire as long as you participate in a point-earning activity at least once a year.
Official up-to-date Terms and Conditions are available on this Symantec Connect Rewards web site. Information about the Symantec Connect Rewards program published through the web site supersedes any conflicting information contained in any previously published communications.
Despite efforts to ensure accuracy, printing errors and other mistakes occasionally occur. Symantec reserves the right to correct such mistakes or errors at any time even if corrections affect a pending reward redemption.
An account may be closed at Symantec's sole discretion. If no points are accrued during a 12-month period, an account may be closed and all points in the account will be forfeited.
Points have no cash value. Points in this program cannot be exchanged for cash or credit, may not be used with any other offer, promotion or discount, and cannot be combined with cash to obtain a reward.
Symantec Connect Rewards points and rewards earned through participating in Symantec Connect Rewards may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Symantec Connect Rewards points and the actual rewards is the responsibility of the member.
In the case of fraud or abuse involving Symantec Connect Rewards, point credit, or reward use, Symantec has the right to take appropriate administrative and/or legal action, and all points earned through the program may be forfeited and the account closed.
The awarding of Symantec Connect Rewards points, and the redemption of Symantec Connect Rewards points are void where prohibited by law.
Members may be provided with the ability to use usernames, passwords, or other codes or devices ("access codes") to gain access to restricted portions of the Symantec Connect Rewards site. The content contained in such restricted areas is confidential to Symantec, and is provided to members for personal use only. Symantec reserves the right to prohibit the use of such access codes on behalf of members by third parties where Symantec determines that such use interferes with any Symantec site operation or results in commercial benefits for other entities in any way. Symantec will not be responsible for any lost, stolen or otherwise disclosed access codes, nor shall it re-credit any points withdrawn from an account by using the proper access codes. Accordingly, members' access codes should be guarded and not provided to anyone other than a Symantec representative.
Only individuals are eligible for Symantec Connect Rewards membership, and each individual may maintain only one account. Corporations, groups and/or associated entities cannot enroll as Symantec Connect Rewards members.
Accrued points do not constitute property of the member. Points accrued by a member are for the member's benefit only and may not be sold, bartered, traded, exchanged, or transferred in any way. Violation of this rule may result in the termination of the membership and forfeiture of all points in the member's account. If any person other than the member that accrued the points attempts to use points, the request will be void and the reward will be denied.
If a member changes his or her name, a name change must be submitted in writing via email to firstname.lastname@example.org. Symantec may require a member that submits a name change to provide written proof and legal documentation of the name change via standard mail. Address changes may be made online in My Account.
In order to keep members apprised of their Symantec Connect Rewards membership status, it is important that Symantec send members certain program information that may include email marketing materials from Symantec (including Symantec Connect Rewards and other Symantec companies and partners) which will inform members of special offers and products Symantec believes would be of interest to members; and marketing materials from third parties that have a strategic marketing relationship with Symantec. As a participant in Symantec Connect Rewards, individual members consent to receive all of the information described above. However, members will be given the opportunity to opt-out of mailings from such third parties and from emails from Symantec.
At its sole discretion, Symantec may substitute rewards at any time prior to or after an order has been placed. Should a specific reward be discontinued, it will be replaced with a reward of equal or greater value or, if no suitable substitute is available, Symantec may require the member to make an alternate selection.
Rewards will generally be delivered by a commercial delivery service or the U.S. Postal Service. Rewards will not be replaceable in the event of delayed delivery, loss, theft, destruction or damage. A street address and daytime phone contact number are required to process an order. Shipments cannot be made to a post office box.
Applicable manufacturers' warranties may be included with a reward. Warranty claims must be directed to the manufacturer.
SYMANTEC MAKES NO PRODUCT REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL LIABILITY AS TO THE CONDITION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF PRODUCTS AND/OR SERVICES PROVIDED AS REWARDS. BY PARTICIPATING IN THE PROGRAM OR ORDERING ANY PRODUCT, PROGRAM MEMBERS RELEASE SYMANTEC AND ALL OF ITS AFFILIATES FROM ANY AND ALL LIABILITY FOR ANY INJURY THAT MAY RESULT FROM A REWARDED PRODUCT.
Certain restrictions may apply to travel certificates, tickets and documents. Travel and other certificates are not exchangeable, refundable, transferable or redeemable for cash. Members should order at least 4 weeks in advance. Symantec will not be liable for late delivery of any travel certificate, ticket, or document. If members are given the opportunity to request faster delivery of travel certificates, tickets or documents by overnight or expedited carrier, the member will be responsible to pay the associated additional delivery fees. Members are responsible for governmentally imposed security fees, taxes, surcharges or other fees as may be imposed on travel by any governmental entity. By participating in the program, members release Symantec from any liability or harm that may occur during travel, including but not limited to personal injury, personal security, emotional stress, or loss of personal property.
In an effort to maintain the integrity of the Symantec program, Symantec may investigate all accounts that are believed to violate these Terms and Conditions.
Symantec reserves the right to investigate and take appropriate legal or other appropriate action without further notice against anyone who violates this provision, which may include without limitation the blocking, filtering or deletion of any inappropriate Forum Content, the revocation of access to certain Discussion Forums, immediate termination of your account, and removal from the Online Communities Website and the Services.
6. SYMANTEC INTELLECTUAL PROPERTY
Personal Non-Commercial Use
Unless otherwise expressly specified, Forum Content is for your personal and non-commercial use, and is provided for the sole purposes of viewing and discussing such Forum Content in the Discussion Forums. Unless expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the Discussion Forums.
Symantec, the Symantec Logo, the Checkmark Logo, and any other related icons, logos, service marks, and trade names used on the Online Communities Website are the trademarks of Symantec and may not be used without express written permission. Other identifiers that may appear on the Online Communities Website may be the property of their respective owners.
7. TERM AND TERMINATION
You understand that the Online Communities Website and the Services are provided by Symantec as a convenience, but that Symantec may modify, alter, suspend, or discontinue any or all of the Services or the Online Communities Website at any time in its sole discretion.
8. THIRD-PARTY SITES
The Online Communities Website and the Services may provide links to other World Wide Web sites or resources. Because Symantec has no control over such sites and resources, you acknowledge and agree that Symantec is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your correspondence or business dealings with third parties found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that Symantec is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You further acknowledge and agree that Symantec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party site or resource and understand that you bear all risks associated with the use of such third party content.
10. DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, YOUR USE OF THE ONLINE COMMUNITIES WEBSITE, FORUM CONTENT, AND THE SERVICES ARE AT YOUR SOLE RISK. THE ONLINE COMMUNITIES WEBSITE, FORUM CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SYMANTEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYMANTEC MAKES NO WARRANTY THAT (i) THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE ONLINE COMMUNITIES WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES WILL BE CORRECTED.
11. LIMITATION OF LIABILITY
Limitation of Liability
YOU AGREE THAT YOU ARE VOLUNTARILY AND UNEQUIVOCABLY WAIVING ANY LIABILITY N TH EPART OF SYMANTEC. SYMANTEC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE ONLINE COMMUNITIES WEBSITE, THE FORUM CONTENT, OR THE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SYMANTEC WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE ONLINE COMMUNITIES WEBSITE OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE COMMUNITIES WEBSITE OR THROUGH THE SERVICES; OR (iv) THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODES THAT INCLUDE OR MANIFEST CONTAMINATING OR DESTRUCTIVE CHARACTIERISTICS. IN NO EVENT SHALL SYMANTEC'S CUMULATIVE AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THE ONLINE COMMUNITIES WEBSITE, DISCUSSION FORUMS OR THE SERVICES EXCEED FIFTY U.S. DOLLARS (U.S. $50).
12. DIGITAL MILLENNIUM COPYRIGHT ACT
Symantec respects the intellectual property of others and expects others to do the same.
It is Symantec's policy to respond to notices of alleged infringement which may include, in appropriate circumstances and at its discretion, disabling a user's ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such user's ability to use the application at all.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Symantec will respond expeditiously to claims of copyright infringement committed using the Symantec website (the "Site") that are reported to Symantec's Designated Copyright Agent, identified in the sample notice below.
If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act.
Notice of Alleged Infringement
- To file a DMCA Notice of Alleged Infringement with our Copyright Agent, you must provide a written communication (by regular mail or e-mail) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format:Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. You must identify each separate item of infringing material.
- Provide information reasonably sufficient to permit Symantec to contact you (email address, telephone number and a mailing address).
- Include both of the following statements in the body of the Notice, if they are true:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Symantec's Designated Copyright Agent:
Symantec Corporation Attn: Copyright Agent 350 Ellis Street, Mountain View, CA 94043
BY EMAIL: DMCA@symantec.com with the words "DMCA Complaint" in the subject line.
If you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
- Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Mountain View, CA, USA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
- Include both of the following statements in the body of the Notice, if true:
- "I hereby state under penalty of perjury that I have a good faith belief that the material or reference or link was removed or disabled as a result of mistake or misidentification of the material or reference or link to be removed or disabled." (A "mistake," for purposes of this statement, could include an erroneous conclusion that the material was infringing or that the use of the material was not permissible as fair use.)
- "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Symantec may be found, and I will accept service of process from the complaining party who notified Symantec of the alleged infringement or an agent of such person."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Symantec's Designated Copyright Agent:
Symantec Corporation Attn: Copyright Agent 350 Ellis Street, Mountain View, CA 94043
BY EMAIL: DMCA@symantec.com with the words "DMCA Complaint" in the subject line.
13. GENERAL INFORMATION
Governing Law and Jurisdiction
No Assignment or Transfer
If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
Statute of Limitations
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