Terms of Service
These Terms of Service describe the terms and conditions under which you may use the SVG Technology website (“Site”). These terms and conditions constitute a legally binding agreement (“Agreement”) between SVG Technology (and any successors of SVG Technology and any entities controlled by SVG Technology, collectively “SVG Technology”), and you, the user of the Site (hereinafter “you,” and collectively with other users of the Site, “User” or “Users”). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to SVG Technology that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and SVG Technology is unwilling to grant you access to the Site. SVG Technology may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement.This Agreement was last revised on September 25, 2007.
1. Licenses and Restrictions.
Subject to the terms and conditions of this Agreement, SVG Technology grants you a nonexclusive, nontransferable, revocable license to access the Site solely for your personal, non-commercial use. For the purposes of this agreement, SVG Technology Materials include code, software, images, videos, and promotional content developed or licensed by SVG Technology (“SVG Technology Materials”). You may not (i) copy, distribute, transfer, sublicense, publicly perform, publicly display, create derivative works of, sell, or offer to sell SVG Technology Materials or any part of the Site (in any medium) without SVG Technology's prior written consent; (ii) disassemble, decompile, or reverse engineer any portion of SVG Technology Materials provided in object code form into human perceivable form; or (iii) remove or alter any marks of attribution associated with SVG Technology Materials or content available on SVG Technology, or display SVG Technology Materials or content available on SVG Technology without reproducing all marks or attribution associated with SVG Technology Materials or content available on SVG Technology.
All rights not expressly granted in Section 1.1 are hereby reserved. Notwithstanding the foregoing, SVG Technology grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
All SVG Technology trademarks, names, service marks, logos and other marks of attribution displayed on the Site are the property of SVG Technology. You may not use or display SVG Technology marks without SVG Technology’s written consent.
1.4 Prohibited Activities
You may not use any portion of the Site for any unlawful purpose. You agree not to collect or harvest any personally identifiable information from the Site, including account names or email addresses, nor use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to (i) introduce computer viruses into the Site; (ii) use any automated system, including without limitation, "robots," “hitbots,” "spiders," "offline readers," scripting or any other form of automatic access on the Site or querying of the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (iii) frame, mirror, screen scrape, use hidden frames, or use any other means by which any portion of the Site is framed or appears within another frame or site (even if the frame is invisible); (iv) attempt to gain unauthorized access to the Site or any databases associated with the Site; (v) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (vi) engage in any activity that circumvents, disables or otherwise interferes 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 or the content therein.
2. Restricted Areas of the Site.
Certain functions of the Site are restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to SVG Technology. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to notify SVG Technology if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to hold SVG Technology harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by SVG Technology in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name, account or password violates any applicable law or regulation, any third party rights, or incurs any fees or liabilities by virtue of having used your account.
Your account, payment and subscription information is located in the "Account Settings" section of the Site. You agree to pay the fees incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when those charges are incurred. SVG Technology will bill all charges automatically to your credit card, unless you use an alternative payment method, in which case SVG Technology will bill you accordingly. Your credit card will be charged immediately upon signing up. Transactions for the one month membership recur every thirty days and transactions for the three month membership will recur every ninety days unless you cancel your subscription before the conclusion of your subscription period. Three day trial memberships will convert automatically to a one month membership after three days; at the end of these three days you will be charged the standard monthly membership cost unless you cancel your subscription before the conclusion of the trial period. All fees and charges are nonrefundable. If you wish to cancel these recurring transactions, you may do so from the "Account Settings" section of the Site. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must change your account information in the "Account Settings" section of the Site. If you have a billing inquiry, please contact us at 415-830-5262.
5. Copyrights and Copyright Agents.
SVG Technology RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT CONTENT APPEARING ON THE SVG Technology SITE VIOLATES YOUR INTELLECTUAL PROPERTY RIGHTS, YOU SHOULD PROVIDE SVG Technology'S COPYRIGHT AGENT WITH SUBSTANTIALLY THE FOLLOWING INFORMATION:
- A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a file infringes your copyrights.
- A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from SVG Technology’s index, SVG Technology requires an accurate means by which to identify potentially infringing files. To accurately identify files, you must reference the URL associated with that file, which is located in the location box in your browser.
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SVG Technology's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
548 Market Street #94104
San Francisco, California 94104
SVG Technology does not condone posting, reproduction or distribution of material by anyone other than the copyright holder or the copyright holder's authorized agents. SVG Technology RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF SVG Technology USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
6. Term and Termination.
This Agreement will commence upon your access to the Site and will continue until terminated by either party. Either party may immediately terminate this Agreement for any reason, provided that SVG Technology will not terminate your access to the Site unless you breach this Agreement or unless your subscription expires. SVG Technology will terminate your access to the Site and this Agreement if you repeatedly violate Agreement. SVG Technology reserves the right to terminate the account of any SVG Technology subscriber who initiates litigation against SVG Technology. SVG Technology is not obligated to provide notice of termination to you. The election to terminate this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 1.2-1.4, 2, 3, 4, 5, 6, 7, 8, 9, and 10 will survive termination of this Agreement.
7. Third Party Interaction.
In your use of the Site you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties that advertise on this Site. Unless otherwise stated in writing by SVG Technology, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that SVG Technology has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. SVG Technology does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content, or any associated information. You acknowledge that any use, access to, or reliance on third party content or websites is at your own risk.
8. Disclaimer of Warranty.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. SVG Technology MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. SVG Technology DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. SVG Technology MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE “AS IS” AND DOES NOT WARRANT (I) ANY MATERIAL PROVIDED TO SVG Technology BY ANY THIRD PARTY. (II) THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT SVG Technology CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO SVG Technology, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION8 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF SVG Technology CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
9. Disclaimer of Liability.
9.1 LIABILITY LIMIT
SVG Technology, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT.
9.2 CONSEQUENTIAL DAMAGES
IN NO EVENT WILL SVG Technology, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.3 ADDITIONAL RIGHTS
THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF SVG Technology CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
You may not assign this Agreement, in whole or in part, or your rights or obligations under this agreement, without SVG Technology’s prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
10.2 Governing Law
Any action related to this Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco, California, for the resolution of all disputes arising from or related to this Agreement and/or your use of SVG Technology Sites.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
10.4 Email Promotions
You hereby consent to receive notification from SVG Technology of promotions and other notices to the email address that you provide to SVG Technology.
You acknowledge that SVG Technology will report to law enforcement authorities any actions that may be considered illegal. When requested, SVG Technology will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact SVG Technology.