Intellectual Property
The Telwares Insight Site is proprietary to Telwares and is protected by intellectual property laws and international intellectual property treaties. The entire contents of Telwares Insight Site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. Telwares holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Telwares Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Telwares Insight Site. You may not use any Telwares logo or any other proprietary graphic or trademark without Telwares express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in Telwares and/or its content providers. Third-party trademarks, service marks and logos contained in the Telwares Insight Site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
Restrictions
You are responsible for your communications and your use of the Telwares Insight Site. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (c) use the Telwares Insight Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Telwares Insight Site; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Telwares Insight Site; (h) falsely purport to be an employee or agent of Telwares; (i) act, or fail to act, in your use of the Telwares Insight Site, in a manner that is contrary to applicable law or regulation; (j) distribute in any medium any part of the Telwares Insight Site, including, but not limited to, any User Submissions (as defined below), without Telwares prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of the Telwares Insight Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Telwares Insight Site or the Content therein; (k) use the Telwares Insight Site, any Content or any User Submissions for any commercial use, without the prior written authorization of Telwares; or (l) engage in any other activity deemed by the Telwares to be in conflict with the spirit or intent of these Terms.
It is not the intent of Telwares to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Telwares Insight Site, nonetheless, Telwares reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Telwares. Telwares cannot and does not screen content provided by you to the Telwares Insight Site or through its service. Notwithstanding the foregoing, Telwares reserves the right to remove any content from the Telwares Insight Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Telwares is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
The Telwares Insight Site is available to the public. No information you consider confidential should be posted to these websites. If you submit content, you agree that Telwares may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Telwares may modify, display, delete, transmit or distribute content posted on the Telwares Insight Site in its sole discretion and without your permission. However, Telwares shall not be responsible for controlling or editing any content, nor can Telwares ensure prompt removal of inappropriate or unlawful content.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TELWARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
Waiver and Release
YOU AGREE THAT NEITHER TELWARES NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE TELWARES INSIGHT WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT TELWARES 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. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TELWARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF TELWARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE TELWARES INSIGHT SITE, THE SERVICE, OR THE CONTENT.
Liability Limitation
NOTWITHSTANDING THE FOREGOING PARAGRAPH TELWARES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE TELWARES WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF TELWARES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Telwares Insight Site is controlled and offered by Telwares from its facilities in the United States of America. Telwares makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
