Use of Site
Advantek Corp. (“Advantek”) authorizes you to view and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. 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.
Use of Software
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
Other than personally identifiable information, which is covered under the Advantek Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Advantek will have no obligations with respect to the Communications. Advantek and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
User Chat Rooms
Advantek may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Advantek, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Advantek retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links To Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Advantek has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Advantek does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Advantek may give notice to any Advantek user by sending an email message to the user’s email address registered with Advantek, without limitation.
Third-party companies and products
Advantek may mention third-party products, companies and web sites. This is for information purposes only and does not constitute an endorsement nor a recommendation. Advantek provides this information only as a convenience and makes no representation whatsoever regarding the content, safety, suitability nor quality of any third-party products or services.
- By your use of this application you are expressly consenting to Advantek’s collection of information. Advantek may use the information at is discretion, for whatever purposes it desires.
- Advantek does not wish to obtain personal information from children who are using Advantek applications, services or other resources, and it is the responsibility of the user to ensure that children obtain the consent of their parent or guardian before providing any personal information, or to otherwise prevent use of these products or services to children.
- If the use of a Advantek application or any Advantek services or resources requires you to register with Advantek, you must complete the registration process by providing current, complete and accurate information. You will choose a means of user identification (typically an email address, but this may take other forms) and you may be required to provide a password. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account, and you authorize Advantek to assume that any person using the resources with your password and user name is either you or is authorized to act for you. You agree to notify Advantek immediately of any unauthorized use of your account or any other breach of security. Advantek will not be liable for any loss that you may incur as a result of someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
- Advantek has the right to enable communications between the desktop applications it provides, server-based resources it offers or operates, players, web sites using it’s browser-based technologies, and other implementations not described herein. Such communication includes information queried, accessed or transferred, without limitation, and not limited to: data embedded in files, events, application code, cookies, web beacons and invisible files, browser helper objects and plug-ins, URLs and URL query strings.
- Communication may take place over non-secure channels, including the Internet.
- Customer acknowledges that content may be altered by third parties, acting legally or illegally, the actions over which Advantek has no control, and that such actions may damage customer’s, and Advantek has no responsibility for any actions by others.
- Advantek collects information from web sites created with Advantek products, which typically will not identify you, unless, however, you choose to include your email information on the web site. Certain URLs may also identify you, for example, if an account with your ISP includes a portion of your name or other identifying information as part of the URL. In addition, the text you choose to use to describe the contents of your web sites – as titles or captions, for example – may also provide sufficient information to personally identify you. This information is published as part of the files published by Advantek applications and it may be indexed for access by others unknown to you. If you do not wish this information to become publicly available, you should implement security measures offered by your ISP, such as limiting authorized access to your site by user name and password.
- Advantek may collect diagnostic information from your application or web site as a result of your direct request; as the result of an automatically-generated transaction which typically requires an affirmative response by you from within the application; or from an automated transmission from your web site.
- Advantek may index and/or aggregate the full contents of any of the descriptive files it creates on remove servers, or for viewing remotely, at any time.
- If you affirmatively elect to engage in a commercial transaction such as by responding to an advertisement, promotion, or dialog from within a Advantek application, web site, or web site created by an application, Advantek will collect and disclose your information, as necessary, to the commerce partner fulfilling the transaction.
Content Aggregation and indexing
Advantek retains exclusive rights to index, tabulate and/or otherwise aggregate data from any of the files created by its applications, whether they exist on a local or remote computer, no matter what form they may have been created in. These files include, but are not limited to, files named: site.xml, languages.xml, webalbum.xml, languageA.xml (where ‘A’ is an arbitrary string of characters).
Advantek retains all, and exclusive, rights to access these descriptive files. Such rights may be extended to third parties, at its sole discretion. No other applications, servers or technological methods may be used to access these files. No third parties may access these files in any manner, unless granted such rights by Advantek
Illegal, tortious and prohibited use
To use a Advantek application, or to view a web site created by a Advantek application, you must be at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local non-U.S. law), but only if the application or web site you are using was created and registered by your parent or legal guardian. Subject to applicable laws, if under this minimum age, you may be eligible to use these products and services with the explicit consent of your parent or legal guardian.
You are responsible for all of the images you upload, email, share or copy using Advantek applications. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using Advantek applications.
Advantek applications, web sites and web sites created by Advantek applications may be used only for lawful and proper purposes. Publishing, transmitting, promoting, using, distributing or storing content that could subject Advantek to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly-accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If Advantek elects to terminate your right to use Advantek applications as a result of any illegal or prohibited conduct, Advantek may elect, in its sole discretion (subject to applicable law), not to refund any fees or other amounts to you.
Examples of prohibited content are:
- Obscene content, contrary to commonly-accepted community standards
- Content which harms minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct
- Content which infringes on the copyrights, trademarks or other intellectual property of others, or discloses trade secrets or confidential information in violation of a confidentiality or nondisclosure agreement
- Plans for illegal activity
- Advertisements for a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
- Content which invades the privacy of others, or is defamatory or libelous
Monitoring of content. Advantek does not control the content of sites published with its products or sites which it may host, nor does Advantek have any obligation to monitor such content for any purpose, nor to acknowledge nor report any prohibited content it discovers (subject to applicable local law). You acknowledge that you are solely responsible for all content and material you publish, and furthermore, for all content you download or import into Advantek applications. It is important to note, for example, that a “thumbnail” for an image may not necessarily correspond to the high-resolution or original versions, and that content stored on a site may have been modified by the author or a third party.
Advantek reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Advantek decides to investigate or resolve possible misuse involving you or anything you do using Advantek applications, web sites, or web sites created with Advantek applications, Advantek is entitled to disclose any information about you in Advantek’s possession in connection with your use of these resources and anything you do with Advantek resources to law enforcement or other government officials, as Advantek in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of Advantek applications, web sites or web sites created by Advantek applications, you authorize Advantek to take any such actions.
Advantek reserves the right (subject to applicable local law), in its sole discretion, to monitor all publicly-accessible content created by Advantek applications, without exception, for the purpose of investigating violations of this agreement. When Advantek becomes aware of possible violations, Advantek may initiate an investigation, which may include gathering information from any user or account involved, any third party and any complaining party. If, as a result of any such investigation, Advantek believes that any criminal activity has occurred, Advantek reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Advantek further does not warrant the accuracy and completeness of the materials or services at this Site. Advantek 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. The materials and services at this Site may be out of date, and Advantek makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Advantek business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
IN NO EVENT WILL Advantek, 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 WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.
This Site is administered by Advantek from its offices in Campbell, California. Advantek 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 or 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. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
Advantek may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.