Welcome to the ActiveVideo Networks, Inc. ("ActiveVideo Networks") web site. These Terms of Service ("TOS") govern your access to and use of this web site and any information, content or material appearing on this web site. Your right to access and use this web site is expressly conditioned on your compliance with the terms and conditions set forth or incorporated into these TOS. Please read these TOS carefully. By accessing or using this web site, you agree to be bound by these TOS.
ActiveVideo Networks may modify these TOS from time to time. By continuing to access or use this web site, you agree to be bound by the revised TOS. The most current TOS can be found on our terms and conditions page.
Safeguarding User Name and Password
Customers and partners of ActiveVideo Networks may be provided user names and passwords to access particular areas of this web site. Please safeguard your user name and password. You accept responsibility for any use of this web site under your user name and password. You will promptly notify ActiveVideo Networks if you become aware of any unauthorized use of your user name and password.
You acknowledge and agree that ActiveVideo Networks has the right to terminate your right to access and use this web site if you violate these TOS or any other agreements or guidelines associated with your use of this web site. ActiveVideo Networks reserves the right to discontinue providing or to change this web site at any time and without notice.
ActiveVideo Networks and its licensors own all right, title, and interest in and to this web site and all information, content, text, graphics, or other materials appearing on this web site. This web site is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these TOS, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use this web site, or any portion thereof. You may not use this web site on or in connection with any other web site, for any purpose.
ActiveVideo Networks™, the ActiveVideo Networks logo, ActiveVideo®, CloudTV™, and all other ActiveVideo Networks trademarks, service marks, product names, and trade names of ActiveVideo Networks appearing on this web site are owned by ActiveVideo Networks. All other trademarks, service marks, product names, and logos appearing on this web site are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on this web site without the owner's prior written consent.
As a condition to your use of this web site, you agree not to:
attempt to access or search this web site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by ActiveVideo Networks or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
attempt to obtain, collect, store or modify any personal information of other users of this web site;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information, content or material transmitted through this web site;
upload, post, email, transmit or otherwise make available any information, content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
ActiveVideo Networks reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ActiveVideo Networks may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS.
This web site may provide links to third-party web sites. The inclusion of any link on this web site does not imply that ActiveVideo Networks endorses, recommends or is affiliated with any linked web sites or the content, products or services on or available from such web sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites.
Disclaimer of Warranties
This web site is provided "As Is". ActiveVideo Networks makes no warranty or representation of any kind, express or implied, as to the operation of the web site or the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information, content or material downloaded or otherwise obtained through this web site. To the maximum extent permitted by applicable law, ActiveVideo Networks disclaims any and all warranties of merchantability, fitness for a particular purpose and non-infringement. ActiveVideo Networks makes no warranty that this web site will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Some jurisdictions do not allow certain of the above limitations, so they may not apply to you, in which case, to the extent any statutory (implied) warranties remain, they are limited to the longer of one year or their minimum duration in such jurisdictions.
Limitation of Liability
Neither ActiveVideo Networks nor any other party involved in creating, producing or delivering this web site will be liable for any incidental, special, consequential or punitive damages, including, without limitation, loss of profits, information or data or business interruption, arising from your use of or inability to use this web site, whether or not ActiveVideo Networks has been informed of the possibility of such damage. You agree that ActiveVideo Networks's aggregate liability to you for any and all claims arising from the use of this web site is limited to $100. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, or for physical injury or death, so the above limitations may not apply to you to their full written extent.
ActiveVideo Networks may provide you with notices, including those regarding changes to this web site by email, regular mail or by postings on this web site.
These TOS are the entire and exclusive agreement between ActiveVideo Networks and you regarding this web site, and these TOS supersede and replace any prior agreements between ActiveVideo Networks and you regarding this web site. These TOS will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of laws rules or principles. Any legal action or proceeding arising under these TOS will be brought exclusively in the federal or state courts located in the Northern District of California and you and ActiveVideo Networks hereby irrevocably consent to the personal jurisdiction and venue therein and waive any objections thereto. The failure of either party to exercise or enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.