All Rights Reserved
The copyright in this entire Web site, materials hosted on the website, and publications generated therefrom is held by AYT. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of AYT. Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. AYT does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
The trademarks, logos and service marks (collectively referred to as “Trademarks”) displayed on this Web site are registered and unregistered Trademarks of AYT and no trademark license either express or implied is granted by AYT. You do not have any right to use any Trademark displayed on this Web site without prior written permission of AYT. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, AYT will pursue its legal remedies without delay.
Any software that is available for download from this Web site is the copyrighted property of AYT and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web site, if any, is governed by the terms of the agreement applicable to that product or service.
Access to Website
Certain restricted product information is available on this Web site only to licensed customers of AYT that are registered to receive information via passwords issued by AYT. This restricted information is considered confidential and proprietary information of AYT. If you are a registered customer or a representative of a registered customer, AYTauthorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by AYT. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with AYT. You shall not transfer your password to unauthorized parties. You will immediately notify AYT of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web site information or area within this Web site.
You may link to the Web site home page, but are not authorized to link to any other page on the Web site without the prior express written consent of AYT provided that AYT reserves the right to withdraw this consent at any time in its discretion. You may not use any of AYT’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by AYT or its affiliates; 2) cause confusion, mistake, or deception; 3) dilute AYT’s trademarks, service marks or trade names; or 4) otherwise violate applicable law. Web site information may refer to products, programs or services that are not available in your country. Consult your AYT representative for information about the products, programs and services that may be available to you.
Third Party Information
Certain information available on this Web site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that AYT has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party’s Web site an endorsement of such other party, their products or their services.
Submission of Ideas
AYT and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. We welcome you to submit your ideas for us to review and provide comments. Because we may receive a number of submissions, AYTmay not review or provide comments on your submission and shall assume no responsibility for doing so. By submitting your idea, you grant to AYT a limited, non-exclusive, royalty free license to evaluate and use such submission. That license permits us to evaluate, use, and understand your submission while allowing you to retain ownership of the submission. All submissions will be non-confidential and will not be returned. There may be times that your submission is similar to an idea AYT is developing or has developed. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that AYTshall retain all rights to the products that it develops and you will not contest AYT’s rights in those products. As AYT has made various products and is continuing to introduce products already developed, under development, and in future development, you agree that you will bring no legal action against AYT and will hold AYTharmless for any products AYTdesigns, develops, makes, sells, or markets, even if your submitted idea was similar.
Contests and Sweepstakes
AYT may run contests or sweepstakes of various types from time to time. Such promotions may be promoted or described on this Web site, or may include use of the Web site as part of the operation of the contest or sweepstakes. All such contests and sweepstakes are subject to the complete and official rules of the contest or sweepstakes even if those rules are not found on this Web site, and are void where prohibited, taxed or regulated. Mention of such a contest or sweepstakes on this Web site is not an offer to participate in the contest or sweepstakes, and does not trigger any obligation to participate, or change the odds of winning in any way.Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any contest, sweepstakes, or when a user provides such information shall give AYTpermission to use such information in all forms of media, in perpetuity, without notice or further compensation.
AYT may allow consumers to download discount coupons from our Web site. All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Web site relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer.
Disclaimer and Limitation of Liability
Without limiting the foregoing, everything on the Website is provided to you “AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, and those arising from a course of dealing, usage, or trade practice. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVERS MAKING THE WEB SITE AVAILABLE ARE VIRUS FREE.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. We do not warrant that access to the Web site or use of the Web site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
Neither AYT nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of AYT. AYTshall have no responsibility to provide access to this Web site while the interruption of this Web site due to any such cause shall continue. AYT may discontinue providing access to this Web site at any time.
Released Parties make no representations or promises to develop, provide or market any software, service or product discussed on this Web site, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.
IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO ANY SITE LINKED TO OR OPERATED BY 4717. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web site or any Web site information provided on or pursuant to this Web site except in full compliance with all United States, foreign and other applicable laws and regulations.
Restricted Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web site information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this Web site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is AYT. Any contract notices should be sent to AYT.
This Agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from the Web site, along with all related documentation and all copies and installations.
AYT may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on a Web site, AYT does not in any way promise that the materials will remain available to you. And AYT is entitled to terminate all or part of any of its Web site at any time, without notice to you.
AYT prohibits the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.