Welcome to www.sternatech.com (the “Site”). Please read the following terms and conditions (“Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to your use of this Site.
This Site is owned by Sterna Technologies Ltd. (“Sterna” or “We”). Please refer to the Site for more information about Sterna.
We reserve the right, at our discretion, to modify these Terms at any time. Your continued use of this Site following the posting of changes to these Terms will mean that you accept those changes. The last date these Terms were revised is set forth below.
1. Your Acceptance
2. Website Access
A. Sterna hereby grants you permission to use the Site, provided that: (i) you will not copy, distribute or modify any part of the Site without Sterna's prior written authorization or as permitted by these Terms; (ii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, or similar mass mailings; (iii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) you will not disrupt servers or networks connected to the Site; and (v) you comply with these Terms.
B. In order to have access to some parts of the Site, you will have to create an account and include certain personal information. You may never use another person's/company’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and must notify Sterna immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Sterna or others due to such unauthorized use. STERNA WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
C. You agree not to use or launch any automated system, including without limitation, "robots" or "spiders", that accesses the Site in a manner that sends more request messages to the Sterna servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site.
D. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations. You agree that you will not prevent others from using the Site or use the Site for any fraudulent or inappropriate purpose. This includes but is not limited to modifying, adapting or hacking the Site or creating, adapting or modifying another website so as to falsely imply that it has any connection with the Site.
E. Sterna has the right to terminate your access to the Site, or your right to set up an account on the Site, in its sole discretion, immediately and with or without cause. Upon such termination, you will cease any and all use of your account and/or the Site and agree not to sign up under another name.
3. Intellectual Property Rights
A. “Sterna”, “Business Positioning Systems”, “Money Surface” and “Time Mediator” are trademarks or registered trademarks of Sterna Technologies Ltd. or its affiliates. All other trademarks and/or logos used on the Site are trademarks or registered trademarks of their respective owners. All User Submissions, including without limitation, the text, documents, graphics and photos, provided on this Site by users, if any, are subject to the section below entitled “User Submissions”, and are owned solely by the user who posted such User Submission.
B. All other content on the Site, including without limitation, the text, documents, information, scripts, graphics, videos, photos, images, sounds, interactive features, provided on this Site by Sterna or its suppliers, are owned by Sterna or its third party suppliers (all content on the Site, including User Submissions, is defined as “Content”).
C. Content on the Site is provided to you “AS IS” for your information and personal use only and, except as otherwise provided herein, may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reproduced, republished or otherwise exploited, in any form or by any mean, for any other purposes whatsoever, including without limitation, for commercial purposes, without the prior express written permission of Sterna or the applicable third party supplier. Except where expressly provided otherwise by Sterna, nothing on this Site shall be construed to confer any license under any of Sterna's or any third party supplier's intellectual property rights, whether by implication, or otherwise. Sterna reserves all rights not expressly granted in and to the Site.
D. The Content may be changed or updated without notice. Sterna may also make improvements and/or changes in the products described in this Site at any time without notice. Sterna assumes no responsibility regarding the accuracy of the Content that is provided on the Site and use of such Content is at your own risk.
E. Sterna has not co-authored, certified, endorsed, authenticated or adopted the information contained in any content provided by third party providers referenced on this Site by publishing them on this Site.
F. Sterna hereby grants you permission to download Sterna's Content, where so indicated on this Site provided that (1) you do not remove or alter or permit any third party to remove or alter any copyright, trademark or other proprietary notices appearing in or on the original copy of the Content; (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed materials. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
G. This section shall survive any termination of these Terms.
4. User Submissions
A. We do not allow users to upload content to the Site at this point. However, in the future, We may permit, at our sole discretion, the submission of Content by you and other users ("User Submissions") and the hosting, sharing and publishing of such User Submissions on the Site, subject to registration and creation of an account on the Site. You understand that whether or not such User Submissions are published, Sterna does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that You own or have the necessary rights and permissions to use, and authorize Sterna to use, all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. As used in these Terms, “Intellectual Property Rights” means any and all right, title and interest, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sterna, you hereby grant Sterna a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site.
C. You are solely responsible for complying with copyright laws. In this connection, you may want to review the United States Copyright Office website for information about copyright compliance in the United States: http://www.copyright.gov/circs/circ1.html and the World Intellectual Property Organization’s copyright information: http://www.wipo.int/about-ip/en/copyright.html.
D. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) constitutes child pornography; (ii) is excessively violent, incites or threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes another person’s trade or service mark, patent, or other property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, religion, sexual orientation or age discrimination; (xi) facilitates any activity or conduct that is or may be defamatory, indecent, abusive, offensive or menacing; (xii) involves theft, fraud, drug-trafficking, money laundering or terrorism; (xiii) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; (xiv) is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers; (xv) contains falsehoods or misrepresentations that could damage Sterna or any third party; or (xvi) impersonates another person.Sterna does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sterna expressly disclaims any and all liability in connection with User Submissions.
E. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Sterna is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, obscene, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Sterna with respect thereto, and agree to indemnify and hold Sterna, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
5. DisclosureWe reserve the right to access, read, preserve, and disclose any User Submission (as defined below) or any other information as We reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Site, its users and the public. 6. Links
7. Limitation of Liability and Warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND STERNA, THE SITE AND ALL CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. STERNA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE SITE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, STERNA DOES NOT GUARANTEE THAT THE SITE OR THE CONTENT WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSES AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT STERNA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT STERNA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. STERNA DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, STERNA MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE.
UNDER NO CIRCUMSTANCES SHALL STERNA, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE EVEN IF STERNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT STERNA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED ONE UNITED STATES DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Sterna, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any Intellectual Property Right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sterna without restriction.
Last updated: January 23rd, 2008
© 2007 Sterna Technologies Ltd. All rights reserved