Terms of Use
This version of AUTM GTP’s Terms
of Use has been in effect since January 20, 2017.
Welcome to the Global Technology Portal (GTP)! The
Association of University Technology Managers (“AUTM”) is pleased to serve you
under this Terms of Use Agreement (“Agreement”), as amended by us from time to
time. Your registration on GTP or your use of the website (the “Website”) is
conditioned on and constitutes your agreement to this Terms of Use Agreement,
without modification by you, including, but not limited to our Privacy Policy. If you do not agree, do not use the
Website.
1. Acceptance of Agreement
a) Acceptance: Each time you access the Website,
you signify your acceptance and agreement, without limitation or qualification,
to be bound by this Agreement and any applicable Supplemental Agreements that
you previously excepted. If you do not agree with each provision of this
Agreement and applicable Supplementary Agreements, you may not access or use
the Website.
b) Changes: AUTM may in its discretion change this
Agreement and Supplementary Agreements as they relate to your future use of the
Website from time to time, without any prior notice or liability to you or any
other person, by posting the revised Agreement or Supplementary Agreement on
the Website. When you use the Website, you should check the date of this
Agreement and applicable Supplementary Agreements and review any changes since
the last version. You may not change or supplement this Agreement or any
Supplementary Agreement in any manner. By using the Website after this
Agreement or applicable Supplementary Agreements have been revised, you signify
your acceptance and agreement, without limitation or qualification, to be bound
by the revised Agreement and applicable Supplementary Agreements. If you do not
agree with each provision of the revised Agreement and applicable Supplementary
Agreements, you may not use the Website.
2. Permission to Use the Website
The Website may be accessed and used only by persons who can form legally binding contracts and who have accepted and agreed to this Agreement and applicable Supplementary Agreements. The Website may not be used by anyone if their permission to use the Website has been previously revoked or terminated by AUTM.
3. Acceptable Use
Use of the Website must be lawful,
ethical, and respectful of the legal rights and interests of all other persons.
AUTM may in its discretion suspend or terminate access to or use of the Website
that violates this Acceptable Use. Without limiting the generality of the
foregoing, the following rules apply to the use of the Website (collectively,
the “Acceptable Use”):
a) Permitted Uses: GTP is a web-based application for assisting individuals working in the innovation community by providing on-line tools to share information, collaborate, and download research related materials, software, and products.
b) Prohibited Uses: The Website may not be copied,
imitated, reproduced, republished, uploaded, posted, transmitted, modified,
indexed, catalogued, mirrored or distributed in any way, in whole or in part,
without the express prior non-electronic record consent of GTP. You may not
sell or resell any part of the Website or access to or use of the Website. You
may not use any of the computer software or other technologies that are used in
the operation of the Website except while you are using the Website in
accordance with this Agreement. The framing, mirroring, scraping or data-mining
of the Website or any of its content in any form and by any means is strictly
prohibited.
You may use the Website only for
lawful, professional, business or commercial uses that do not include resale,
distribution of products that are available through retail stores or services,
or the like. You may use the Website only in the manner described expressly in
this Agreement, applicable Supplementary Agreements, and subject to all
applicable laws.
c) Lawful Use: Use of the Website must comply
with all applicable laws. The Website must not be used to post, upload,
reproduce, distribute, publish, or otherwise transmit any information or
materials that violate any applicable laws.
d) Other Person's Rights: Use of the Website must not
infringe the rights (including without limitation personal information privacy,
personality and intellectual property rights) of any other person, or assist
any person to infringe the rights of any other person. Without limiting the
generality of the foregoing, use of the Website must not include any material
that is or could be considered to be harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of any other person's
privacy, promoting or providing instructional information about illegal
activities, hateful, or racially, ethnically or otherwise objectionable.
e) No Disruptive Use: The Website must not be used or
permitted to be used, directly or indirectly, in any manner or for any purpose
that damages, disables, harms, overburdens or impairs any portion of the Website
or related systems or any other person's use and enjoyment of the Website or
the Internet generally, or has the potential to do any of the foregoing,
including without limitation excessive email or Internet traffic, excessive
distribution of data, or any other uses that may damage, disrupt, compromise or
degrade the integrity, efficiency, performance or security of the Website or
that may otherwise cause, facilitate, or result in the circumvention or breach
of any user authentication, password, code, security or control measures
regarding the Website or any other Internet resource or computer system.
f) No Harmful Content: The Website must not be used to
directly or indirectly post, upload, reproduce, distribute, publish, transmit,
communicate, or otherwise make available any materials that contain any
intentional or unintentional virus, trojan horse, worm, time bomb, cancelbot,
spyware, malware, disabling device or other computer code that may damage,
disrupt, disable, compromise, degrade, harm, detrimentally interfere with,
surreptitiously intercept or expropriate, interrupt, lock, disable, erase,
limit the functionality or use of, or otherwise adversely affect, or facilitate
unauthorized access to or use of, the Website or any other computer system,
hardware, software, telecommunications equipment, or data, or any materials
that have had any copyright management information or controls altered or
removed without the express permission of the owner of the materials.
g) No Abusive Purposes: The Website must not be used,
directly or indirectly, for any purpose or in any manner that is or may be
abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory,
false, fraudulent, harassing, harmful, hateful, indecent, intimidating,
invasive of the privacy rights of others, libelous, misleading, objectionable,
obscene, offensive, pornographic, profane, racist, sexist, sexually explicit,
slanderous, threatening, violent, vulgar, unlawful or otherwise objectionable
(as determined by AUTM in its discretion), or which advocate, depict,
encourage, or tend to incite any such conduct, the commission of a crime or
other unlawful activities.
h) Proper Identity/No Misrepresentation: The Website must not be used to
directly or indirectly distribute, transmit, perform, communicate or otherwise
make available any materials that contain modified, falsified, or forged
address information, message headers, content, material, or other identifiers,
or that impersonate other persons or otherwise disguise the origin of the
materials, or falsely state or otherwise misrepresent an affiliation with
another person.
i) Complaints: AUTM may respond, as it considers
appropriate in its discretion, if AUTM becomes aware of any inappropriate uses
of the Website, without any notice or liability to you or any other person.
Without limiting the generality of the foregoing, AUTM may suspend access to or
use of the Website or delete or remove content posted to the Website. Nothing
in this policy impairs or waives rights of AUTM under the Communications
Decency Act.
j)
Violations of Acceptable Use may be reported by sending an email
to
info@autm.net setting forth your name, email
address, postal address, telephone number, the subject matter of your
complaint, and a concise summary of your complaint.
4.
Compliance, Consequences, and Law Enforcement Disclosure: AUTM may in its discretion
determine whether Acceptable Use has been violated, and may take such steps as AUTM
considers appropriate in its discretion to stop the violation of this
Acceptable Use, including without limitation suspending or terminating certain
users' access to or use of the Website. AUTM's failure to enforce Acceptable
Use, for whatever reason, will not be construed as a waiver of any preceding or
subsequent violation of this Acceptable Use. AUTM will not be liable to any
person for failure to enforce this Acceptable Use. AUTM may in its discretion
report perceived violations of Acceptable Use or applicable laws to law
enforcement authorities. AUTM may co-operate fully with law enforcement
authorities in the investigation of suspected unlawful conduct, including
disclosing individual's personal information (including email account
information and payment information), and copies of email and other materials
used in connection with the Website. Nothing in this Acceptable Use policy
limits AUTM's rights or remedies regarding any violation of the Acceptable Use
or any breach of any agreements with AUTM, and AUTM reserves all of its rights
and remedies.
5. Content and Transactions
a) Users and Content: The Website provides an online
platform for people (“Users”) to search for information, and if you register
through the Website, a User who through services provided by AUTM, some of
which are subject to the Supplementary Agreement, can communicate with other
Users, download information or software, and purchase offerings posted on the
Website. Information, data, technologies, expertise, software, personal or organizational
descriptions, and other content that is entered on the website by Users to is
referred to collective as ("Content"). As explained below, Users
contribute Content without review or endorsement by AUTM, so you need to do
your own due diligence. Content may be owned or licensed by other Users, or
their affiliated organization, and may be subject to a license agreement
referenced on the relevant Website page (the "License Agreement").
a) Use of Content: For your convenience, the Website may
be used to facilitate communications and transactions with Users and their
respective organizations, including the processing of payments for certain
Content. Users are independent from AUTM, and AUTM has no responsibility or
liability for or control over Users or their Content. AUTM does not sponsor or
endorse Users or their Content. AUTM is not a party to any License Agreement or
any related transactions. Your accessing, downloading and use of Content and
your dealings with Users are at your own risk.
b) Applicability: Section 10 of this Agreement applies
Website access to and use of Content and all of your dealings and transactions
with Users.
6. Other Sites
a) Other Sites: For your convenience, the Website
includes links or references to websites, resources and businesses operated by
other persons, including Users websites (collectively "Other Sites").
Your use of Other Sites and your dealings with the owners or operators of Other
Sites are at your own risk, and you will not make any claim against AUTM
arising from, connected with, or relating to your use of Other Sites or your
dealings with the owners or operators of Other Sites.
b) Applicability: Section 10 of this Agreement applies
to your access to and use of Other Sites, the businesses, goods, services, or
content on or referenced in Other Sites, and your dealings with the operators
of Other Sites.
7. Information, Communications, Notices, Submissions
a) Information: To use portions of the Website, you may
be required to submit information, including Content, personal information for
authentication, and temporarily stored credit card information for
non-recurring transactions through the Website. You will ensure that all information
you submit through the Website is and remains true, accurate, current and
complete, and you will promptly update that information if it changes. AUTM and
other persons (including Users) will rely upon the information you submit. You
are responsible for all loss, damage, liabilities, obligations or additional
costs that you, AUTM or any other person (including Users) may incur as a
result of your submission of any false, incorrect or incomplete information.
b) Communications: You authorize AUTM to: (i) accept
communications from you by means of the Website, email, and telephone as if
those communications had been given directly by you in writing and signed by
you; and (ii) respond to your communications by means of the Website, email or
other communications methods. Communications that you send to AUTM are not
delivered or effective unless and until they are processed by the responsible AUTM
representative.
c) Notices and Announcements: As a User who has registered with AUTMyou
consent to AUTM sending notices to you by email to notify you of information AUTM
considers is of potential interest to you, including: (i) important
announcements or information relating to your AUTM account (if you have one)
and related information (which you cannot opt out of receiving); and (ii)
notices describing new products and services or providing other information of
potential interest (which you can opt out of receiving).
d) Unsolicited Submissions: AUTM welcomes your comments and
suggestions regarding the Website. By submitting any comments, ideas,
suggestions (collectively, "Submissions") to AUTM, you automatically
grant (or warrant that the owner of the Submissions grants) to AUTM and its
successors, assigns and licensees a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and
license to use, copy, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and otherwise exploit the
Submissions or any ideas, concepts, know-how or techniques associated with the
Submissions for any purpose whatsoever, commercial or otherwise, using any
form, media or technology now known or later developed, without providing
compensation to you or any other person, without any liability whatsoever, and
free from any obligation of confidence or other duties on the part of AUTM or
its successors, assigns and licensees, and you agree, represent and warrant
that all moral rights in the Submissions are waived in favor of AUTM and its
successors, assigns and licensees.
8. Errors and Corrections
Errors may occur and information,
documents, and Content may become out of date. AUTM does not guarantee the
accuracy, completeness, or timeliness of the information, documents, or Content
available via the Website. AUTM may in its discretion change the information
and documents available via the Website at any time and from time to time without
any notice or liability to you or any other person.
9. Ownership and Proprietary Rights
a) Website: The software used to operate the
Website and all content and other information in text, graphical, video and
audio forms, images, icons, software, designs, applications, data, and other
elements available via the Website, except the User Content, are the property
of AUTM and others, and are protected by United States of America, Canadian and
international copyright, trademark and other laws. As between the parties, AUTM
owns and retains all right, title and interest in, to and associated with
Website and all software and technology used to operate the Website. You will
not acquire any right, title or interest in or to any software or technology
used to operate the Website. All rights not expressly granted under this
Agreement are reserved to AUTM.
b) Trademarks: AUTM and GTP are trademarks and trade
names owned or licensed by AUTM. Other trademarks, service marks, names, and
logos appearing on or in connection with the Website may be owned by other
persons. Any use of the trademarks, service marks, trade names or logos
displayed on or in connection with the Website is strictly prohibited, and
nothing appearing on or in connection with the Website will be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any of those marks.
10. Personal Information Privacy
AUTM may in its discretion monitor your
use of the Website. AUTM collects, uses, discloses, and retains personal User
information in accordance with the AUTM Privacy Policy, which is available by
clicking [link] and the provisions of this Agreement and applicable
Supplementary Agreements. AUTM may in its discretion change the Privacy Policy
from time to time without any notice or liability to you or any other person by
making a revised Privacy Policy accessible through the Website. By accepting
this Agreement, and each time you use the Website, you consent to the
collection, use, disclosure, and retention of your personal information by AUTM
in accordance with this Agreement, applicable Supplementary Agreements, and the
Privacy Policy as it then reads without any further notice or liability to you
or any other person. The Privacy Policy will survive termination of this
Agreement and remain until User information is eliminated from the database.
11. DISCLAIMERS/LIABILITY EXCLUSIONS AND LIMITATIONS/RELEASES/INDEMNITY
AUTM does not accept any liability for
your use of the Website or any other aspect of or relating to it or services or
transactions involving it. For that reason, the following provisions apply to
all matters arising from, connected with or relating to the Website.
a) Disclaimers: Your access to and use of the website
is at your own risk. The website is provided on an "as is" and
"as available" basis, without any representations, warranties or
conditions of any kind, whether express or implied, and including without
limitation implied representations, warranties or conditions of or relating to
accuracy, accessibility, availability, completeness, errors, fitness for a
particular purpose, merchantability, non-infringement, performance, quality,
results, security, sequence, or timeliness, all of which are hereby disclaimed
by AUTM to the fullest extent permitted by law. There will not be any
representations, warranties or conditions created by a course of dealing,
course of performance or trade usage.
Without limiting the generality of the foregoing, AUTM makes no representation, warranty, condition or guarantee that: (i) the website will be compatible with your computer and related equipment and software; (ii) the website will be available or will function without interruption or will be free of errors or that any errors will be corrected; (iii) the website will meet your requirements; (iv) the information available on, through or connected with the website will be timely, uninterrupted, sequential, accurate, authentic or complete; (v) certain or any results may be obtained through the access to or use of the website; and (vi) access to and use of the website will be free of viruses, trojan horses, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person; and AUTM disclaims all liability regarding such matters to the fullest extent permitted by law.
Without limiting the generality of the
foregoing, AUTM makes no representation, warranty, condition or guarantee
regarding any User Content, or Other Sites. AUTM is not responsible or liable
for any User Content or Other Sites or their content. AUTM is not responsible
or liable for any User Content any acts, omissions or misconduct by any User or
their representatives (including without limitation any breach by a User of any
License Agreement or other agreement, duty or obligation to you).
You are solely responsible for: (i)
obtaining, provisioning, configuring, maintaining and protecting from loss and
damage, all computer equipment and services necessary for you to access and use
the Website; (ii) scanning for and preventing the receipt and transmission of
viruses and other destructive or disruptive components; (iii) maintaining a
complete and current backup of all data in your computer system before
accessing or using the website; and (iv) setting-up, maintaining and regularly
reviewing security arrangements concerning your access to and use of the
website and information stored on your computing and communications systems.
The operation of the website may be
affected by numerous factors beyond AUTM's control. Website operations may not
be continuous or uninterrupted, and may be subject to security and privacy
breaches. Codes may be circumvented, and may not prevent unauthorized access to
your accounts or information.
AUTM is not under any obligation to
verify the identity or authority of any person accessing or using the Website.
b) Remedy: If you are not satisfied with the
website, your primary remedy is to cease using the website. If you believe that
you are entitled or obligated to an alternative remedy you agree to provide us
with detailed and substantiated explanation of your reasons in writing. You
must provide alternative remedy at least 30 days before you act contrary to
this Agreement, to allow us to assess whether we may, at our sole discretion,
provide an alternative remedy for the situation, though we are under no
obligation to do so.
c) Exclusions: under no circumstances will AUTM
ever be liable to you or any other person for any loss or damage (including
without limitation direct, indirect, incidental, consequential, special,
punitive, or exemplary loss or damage) arising from, connected with, or
relating to the website, this agreement or any supplementary agreement,
technologies, your dealings with technology providers, the termination of this
agreement or any supplementary agreement, or otherwise, including but not
limited to loss of data (including without limitation customer data), business,
markets, savings, income, profits, use, production, reputation or goodwill,
anticipated or otherwise (including without limitation by reason of any
expenditures, investments, leases or commitments made in anticipation of the
continuance or performance of this agreement or any supplementary agreement),
or economic loss, under any theory of liability (whether in contract, tort,
strict liability or any other theory or law or equity).
d) Limitations: Notwithstanding paragraphs 10(b) and
10(c) above, AUTM is liable to you or any other person, then in no event and
under no circumstances will AUTM's total aggregate liability to you or any
other person under any theory of liability (whether in contract, tort, strict
liability or any other theory or law or equity), ever exceed $10.
e) Release: You hereby release, remise and
discharge AUTM from all obligations, liabilities, claims and demands in excess
of the exclusions and limitations set forth in paragraphs 10(b), 10(c) and
10(d) above.
f) Indemnity: You will indemnify, defend and hold AUTM harmless from and against all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by AUTM in connection with any claim or demand arising out of, related to, or connected with your access to or use of the website, your access to or use of User Content, your dealings with Users, your breach of this agreement or any Supplementary Agreement, or any conduct by you or any person for whom you are responsible under this Agreement or any Supplementary Agreement or at law. You will assist and co-operate as fully as reasonably required by AUTM in the defense of any such claim or demand.
g) Definitions/application: In this section 9: (i) "AUTM" means AUTM and its directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, technology providers, and all other related, associated, or connected persons, jointly and severally; and (ii) "Website" means the Website accessible at and all content, information, products and services available via the Website, including all Content.
h) This section 9 applies regardless of
any negligence or other fault or wrongdoing (including fundamental breach or
gross negligence) by AUTM or any person for whom AUTM is responsible, and even
if AUTM has been advised of the possibility of loss or damage being incurred.
i) Acknowledgement: You acknowledge and agree that this
agreement represents a fair allocation of risk and liability. Advice and
information provided by AUTM, whether oral or written, will not create any
representation, warranty, condition or guarantee or vary or amend this
agreement, including the above disclaimers, liability exclusions, liability
limitations, release and indemnity provisions, and you may not rely upon any
such advice or information. The exclusion of certain warranties and conditions
and the exclusion or limitation of certain liabilities are prohibited by law in
some jurisdictions. Such limitations may apply to you.
12. Termination and Suspension
a) Termination: This Agreement will continue
indefinitely until terminated by you or by AUTM in accordance with this
Agreement. Users can terminate Agreement by providing a written notice to
terminate account to info@autm.net and
by no longer using the Website.
b) Suspension or Termination by AUTM: AUTM may in its discretion and
for its convenience at any time change, discontinue, modify, restrict, suspend
or terminate the Website or any part of it without any notice or liability to
you or any other person. AUTM may in its discretion and for its convenience at
any time immediately suspend or terminate (in whole or in part) your permission
to access and use the Website without any notice or liability to you or any
other person.
c) Agreement Continuation: If this Agreement or your permission
to access or use the Website is terminated by you or AUTM for any reason, then
you will no longer access or use the Website and this Agreement will continue
to apply and be binding upon you regarding your prior access to and use of the
Website, and anything connected with, relating to or arising therefrom. Without
limiting the generality of the foregoing, and notwithstanding any other provision
of this Agreement, Sections 4(c), 5(b), 6(d), 7, 8, 9, 10(d), and 11 of this
Agreement, and all other provisions necessary for their interpretation or
enforcement, will survive indefinitely after the termination of this Agreement
and remain in full force and effect.
13. General
a) Relationship of Parties: You and AUTM are independent
contractors, and nothing in this Agreement or any Supplementary Agreement or
done pursuant to this Agreement or any Supplementary Agreement will create or
be construed to create a partnership, joint venture, agency, employment, or
other similar relationship between you and AUTM.
b) Subcontractors: AUTM may in its discretion engage
subcontractors to perform its obligations under this Agreement or any
Supplementary Agreement.
c) Records: AUTM's records are, unless proven
to be wrong, conclusive evidence of your access to and use of the Website and
the information and documents available on, through or in connection with the
Website. You will not object to the admission of AUTM's records as evidence in
any legal proceeding on the ground that such records are not originals, are not
in writing, are hearsay, or are documents containing information extracted from
a computer.
d) Severability: If any provision of this
Agreement or any Supplementary Agreement is held to be invalid or unenforceable
for any reason, then the provision will be deemed to be severed from this
Agreement or the Supplementary Agreement and the remaining provisions will
continue in full force and effect without being impaired or invalidated in any
way, unless as a result of any such severance this Agreement or the
Supplementary Agreement would fail in its essential purpose.
e) Governing Law and Disputes: AUTM is incorporated in
Connecticut. This Agreement and all Supplementary Agreements, your access to
and use of the Website, and all related matters are governed solely by the laws
of the state of Connecticut and applicable federal laws of the United States
Government, excluding any rules of private international law or the conflict of
laws that would lead to the application of any other laws and excluding the
United Nations Convention On Contracts For The International Sale Of Goods. Any
dispute between you and AUTM or any other person arising from, connected with
or relating to the Website, this Agreement, or any related matters
(collectively "Disputes") will be resolved in Connecticut court of
law.
f)
No Waiver: No
consent or waiver by a party to or of any breach by the other party of this Agreement
or any Supplementary Agreement: (i) will be effective unless in non-electronic
format and signed by the parties; or (ii) will be deemed or construed to be a
consent to or waiver of a continuing breach or any other breach.
g) Enurement and Assignment: This Agreement and applicable
Supplementary Agreements enure to the benefit of and are binding upon each of AUTM
and its successors, assigns and related persons, and you and your heirs,
executors, administrators, successors, permitted assigns and personal
representatives. You may not assign this Agreement or any Supplementary
Agreements or the rights and obligations thereunder. AUTM may assign this
Agreement and Supplementary Agreements and its rights and obligations
thereunder without your consent.
Interpretation and Language: In this Agreement and Supplementary
Agreements:
(i) a reference to "this Agreement" and other similar terms refers to
the agreement as a whole and not just to the particular provision in which
those words appear; (ii) headings are for reference or emphasis only and do not
supersede the meaning of the agreement or any of its provisions; (iii) words
importing persons include individuals, partnerships, associations, trusts,
unincorporated organizations, societies, and corporations; (iv) words importing
the singular number only include the plural and vice versa; (v) words importing
either gender include both genders; (vi) references to currency are to the
currency of the U.S., unless expressly indicated otherwise; and (vii) reference
to a day or year means a calendar day or year, unless expressly stated
otherwise. You expressly request and require that this Agreement and
Supplementary Agreements and all other related documents be drawn up in the
English language. Les parties conviennent et exigent expressement que ce
Contrat et tous les documents qui s 'y rapportent soient rédigés en anglais.
h) Complete Agreement: This Agreement and applicable
Supplementary Agreements govern your use of the Website, are the entire
agreement between you and AUTM relating to your use of the Website, and
supersede all previous agreements, written, oral or otherwise, between you and AUTM
with respect to your use of the Website. Content available via the Website may
also be subject to additional applicable agreements, terms and conditions and
disclosures.
i)
Notice regarding Copyright Agent. AUTM respects the intellectual property
rights of others and requests that you do the same. Anyone who believes that
their work has been reproduced in the Website in a way constituting copyright
infringement may provide a notice to the designated Copyright Agent for the
Website containing the following: (i) An electronic or physical signature of a
person authorized to act on behalf of the owner of the copyright interest
allegedly being infringed; (ii) dentification of the copyrighted work claimed
to have been infringed; (iii) Identification of the material that is claimed to
be infringing and information reasonably sufficient to permit us to locate the
material; (iv) The address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted; (v) A statement that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; (vi) A statement that the information in the notice is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
AUTM’s policy is to terminate any (if
any) account or right of access to the Website in appropriate circumstances for
repeated infringement. AUTM reserves the right to terminate for even one
infringement.
j) Notice of Availability of Filtering
Software. AUTM
does not believe that the Website contains materials that would typically be
the subject of filtering software. Nevertheless, all users are hereby informed
by AUTM as the provider of this interactive computer service that parental
control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist in limiting access to
material that is harmful to minors. A report detailing some of those
protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection
Act: Report on the Effectiveness of Internet Protection Measures and Safety
Policies).
k) Any Other Rights: Any rights not expressly granted by this Agreement are reserved to AUTM.