Web Site Content
You may not transmit in any way User Content on or through the Web Site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements or policies of networks connected to the Web Site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site; (v) collect or store information about the Users of the Web Site or the User Content posted by others on the Web Site or use such information for any purpose inconsistent with the purpose of the Web Site; or (vi) violate any applicable local, state, national or international law or regulation.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SWI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEB SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL SWI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF SWI OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.
If you believe that information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with an e-mail or other written notice with the following information: * an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; * identification of the copyrighted work claimed to have been infringed; * a description of where the material is located on the Web Site; * your address, telephone number, and e-mail address; * a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.