Netcipia Terms of Use

Effective August 15, 2006

These Terms of Use apply to all of the services offered on the sites www.netcipia.com and www.netcipia.net ("Site").

They apply only to services that are owned and operated by Netcipia. We do not exercise control over the third party sites displayed as links from within our various services. These other sites have their own privacy policies, over which we have no control.

If you have any questions or complaints about these Terms of Use, please click here

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

Scope

These Terms include the terms and conditions set forth below, and any other terms displayed on the Legal Terms page of the Site, such as the Privacy Policy, the Acceptable Use Policy, or the Linking Policy.

Use of the Site

Netcipia, Inc. ("Netcipia") authorizes you to view, download and use the text, documents, information, data, messages, articles, images, photographs, graphics, software, applications, databases, music, video recordings, audio recordings, sounds, designs, features, and other materials ("Content") that are available on the Site only for your personal, non-commercial use, provided that you retain all notices (including intellectual property notices) contained in the original materials on any copies of the materials.

This Content is protected by copyright, trademark, and other intellectual property laws. You may not use, modify, reproduce, publicly display, perform, or distribute any Content for any public or commercial purpose. Any use of this Content on any other website or networked computer environment for any purpose is prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Minors

Minors (under the age of 18, or as determined by the laws of their country of residence) are not eligible to use our service, except under limited circumstances. Minors are permitted to use a Netcipia Place only if they have been invited to join in by the Manager of that Netcipia Place. In this case, they will use the Netcipia Place, under the supervision and control of the Manager, and within the requirements of the applicable laws.

Privacy and Security

Your use of this Site is subject to our Privacy Policy, which is incorporated in these Terms of Use. Personally identifiable information that you submit to Netcipia for the purpose of receiving products or services will be handled in accordance with the Netcipia Privacy Policy.

You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

Netcipia Places

Your use of the Netcipia Places is subject to these terms, as well as the Acceptable Use Policy, which is incorporated into these Terms.

Disclosure to Third Parties

Netcipia may disclose any contact information of any user of the Site, and may make available any material posted on a Netcipia public place to comply with an applicable law or regulation, or to respond to a subpoena, search warrant, or enforceable governmental request; to prevent imminent harm to its network, services, or users or the public; to address fraud, security or technical issues; to enforce its Terms of Use, including investigation of potential violations of these terms; to respond to claims that any Content violates the right of third parties; or with a user’s consent.

Use and Storage

Netcipia may impose rules and limits on the use of the Site, including, but not limited to, how long a message displayed in the Forums belonging to "areas of Service accessible to all" will be retained, how many times a user may access the Service in a given period of time, or the maximum duration of such access.

Site Content

The Content available on this Site (except for materials in Netcipia non-public Places) is intended for information purposes only. Although Netcipia exercises reasonable efforts to ensure their quality and accuracy, there might be errors, or the Content provided may not be accurate, complete, current, or applicable to your particular situation. The materials and services at this Site may be out of date. Netcipia makes no commitment to update them.

Netcipia does not warrant that this Content will be available for use at any time or all the time.

Netcipia may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice.

Netcipia assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any Content available through this Site or obtained from a linked site.

Viruses

Netcipia make reasonable attempts to exclude viruses from this Site, but cannot ensure that this Site will be at all times free from viruses or other destructive software. Please take appropriate safeguards before downloading information. Netcipia assume no responsibility for any damages to computer equipment or other property that may result from use of this Site or downloading anything from this Site.

Disclaimers

ALL MATERIALS, SOFTWARE, TECHNOLOGY, AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

This Site may refer to products, programs, or services that are not available in your country. To contact us for information regarding the products, programs, and services that may be available in your country, please click here.

Limitation of Liability

Access to this Site is provided at no cost to you. IN NO EVENT WILL NETCIPIA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NETCIPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR ACQUISITION, SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Submissions and Content Accessible to All

Certain areas of this Site allows users to post or send information or request.

Netcipia does not want to receive confidential or proprietary information from you through this Site, other than as part of your registration as a Member. Any text, documents, information, data, messages, articles, images, photographs, graphics, software, applications, databases, music, video recordings, audio recordings, sounds, designs, features, and other materials ("Submissions") or other communication you transmit or post to this Site - except for information that is included in a non-public Netcipia Place, as set forth in the Netcipia Place Acceptable Use Policy - will be considered non-confidential and non-proprietary.

When you send any Submissions to Netcipia, or when you make any Submission available in the areas of this Site that are accessible to all, you grant Netcipia a world-wide, royalty free, non-exclusive, irrevocable license to use, reproduce, distribute, publish, publicly display, sublicense, or make available such Submission, in whole or in part, or any summary or abstract, on any medium, in any format, or for any purpose.

Limitations

You are prohibited from posting or transmitting to or from this Site any abusive, unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Netcipia will have no liability related to the content of any posting or transmittal, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Netcipia retains the right to remove or take down any messages that include any material Netcipia deems unacceptable.

Links to Third-Party Websites

This Site may display advertisements from third parties and include links to other web sites or other Internet sources. These links are provided solely as a convenience to you. Netcipia has not reviewed all of these third-party sites, does not control, endorse, or make any representations about them. If you use these links, you will leave this Site. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

Your communications or business relations with these third parties are performed directly between you and the third party. Netcipia is not responsible for any content, advertisements, products, services, or any other materials on or available from these external sites or sources, and is not liable for any damages or losses caused, or alleged to be caused by, or in connection with use of or reliance on such content, advertisements, products, services, or other materials.

Linking to this Site

See Linking to our Site page.

Trademarks

NETCIPIA, XWIKI, MYSQL, and all other trademarks, trade names, names or logos that appear, are displayed, or used on this Site are trademarks or service marks of Netcipia and its licensors. These marks may not be used, reproduced, modified, or distributed without prior written permission from Netcipia or the relevant licensor, except as an integral part of any authorized copy of the Content.

Purchases from this Site

If you elect to make purchases from this Site, you agree to abide by the terms and conditions of purchase associated with the item, product or service being purchased.

Modifications

Netcipia may modify, revise or update these Terms at any time by updating this posting or the Legal Terms page. You should visit this page from time to time to review the then-current terms, because they are binding on you. Your continued use of this Site, following the posting of notice of any modification, will be subject to the Terms in effect at the time of your use.

Records

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

Electronic Notification

To the extent that Netcipia may need to contact you, you agree that Netcipia may do so via any electronic means, included but not limited to communication posted on this Site, electronic mail, or instant messaging. Netcipia may also send notices by mail.

Procedure for Making Claims of Copyright Infringement

See Copyright Infringement page.

Laws of the United States of America

Netcipia administers this Site from its offices in Palo Alto, California. Netcipia makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export, or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

U.S. Government Restricted Rights

This Site contains confidential computer software and technical data. A valid license from Netcipia is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Netcipia's standard commercial license terms.

Disputes

The laws of the State of California (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of this Site or these Terms, you agree to file such action only in the state and federal courts located in Santa Clara County, California (USA).

Miscellaneous

Your acceptance of these Terms, and your use of this Site do not create a joint venture, partnership, employment, or agency relationship with Netcipia. You may not assign, delegate, or transfer your rights or obligations under these Terms.

If Netcipia fails to act with respect to your breach or anyone else's breach on any occasion, Netcipia is not waiving its right to act with respect to future or similar breaches.

If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.

The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms.

These Terms (which include also all the other terms posted on the Legal Terms page of this Site, constitute the entire agreement between Netcipia and you relating to your use of this Site, and replace any prior understandings or agreements (whether oral or written) regarding your use of this Site.

Certain provisions of these Terms may be superseded by expressly designated legal terms located on particular pages of this Site (such as the Acceptable Use Policy for the Netcipia Places), or with respect to third-party content or third-party software, which will be transmitted to you when you access these services, contents or software.

Contact Information

To contact us with any questions or concerns about these Terms, please click here.