Welcome to the Servicecatalogs.com Terms of Use Agreement
This document describes terms and conditions applicable to your use of the services made available by newScale, Inc. (“newScale”, “we” or “us”) at the website www.servicecatalogs.com. If you navigated through the www.newscale.com site to reach www.servicecatalogs.com, you should note that the terms for www.servicecatalogs.com differ in some respects from the terms applicable to www.newscale.com.
These Terms of Use set forth the general terms and conditions which apply to your use of www.servicecatalogs.com, including the features and services offered by us from time to time at or through the site (collectively with the Site, the “Services”). Before submitting any account registration form and/or using any of the Services, please review these terms carefully. By accessing or using any Services, you are agreeing that your use of the Services shall be subject to and governed by these terms. If you do not agree with any part of these terms, you must not access or use the services. Please note that persons under 18 years of age or persons who are otherwise deemed incapable of forming legally binding contracts by applicable law are not authorized to access the Site or use the Services. If you have any questions regarding these terms, please write to us at administrator@servicecatalogs.com.
1. Amendments.
We reserve the right, exercisable in our sole discretion, to modify or otherwise amend these Terms of Use at any time. Such changes shall be effective upon posting on the Site. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services.
2. Your Account(s).
You are responsible for maintaining the confidentiality of your registered account(s) with us and any password(s) we may issue to you in connection with your access and use of the Services. If you are a registered user of the Site, you agree to promptly update your account registration information in order to keep it current, complete and accurate. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at administrator@servicecatalogs.com.
3. Your Information.
The term “Your Information” means collectively the following: (i) any information or materials you provide to us in connection with our registration process, your use of any Services, or in email correspondence with us, and (ii) any information or materials you provide to other users of the Site in any public message board or chat room area or in connection with your use of any Services.
You represent, warrant and agree that Your Information does not and shall not (i) violate any applicable law (including, without limitation those relating to import and export control, consumer protection, and false advertising), (ii) infringe the intellectual property rights of any third party, including without limitation any copyright, patent, trademark, trade secret or other proprietary rights, (iii) infringe the right to privacy or publicity of any third party, (iv) defame any third party or contain libelous material, (v) contain obscene or pornographic material, (vi) contain any virus or other computer programming that may damage, intrusively monitor, compromise the security of, or otherwise interfere with the operation of the Site or the Services, or data provided by other participants on such Site, or (vii) damage the reputation, business or goodwill of newScale or servicecatalogs.com. In addition to any other lawful remedies, if we believe that any of Your Information posted on the Site does not conform to the foregoing requirements or otherwise may expose you or newScale or any third party to potential liability or the threat of litigation, then newScale may, in its sole discretion, delete such information. You agree that you shall be solely liable for any claims or damages resulting from any infringement of copyrights, proprietary rights, or other legal rights, or any other harm resulting from the submission of Your Information.
Except with respect to www.servicecatalogs.com materials which will be subject to the Creative Commons license , we will only use Your Information in accordance with our Privacy Policy, which is hereby incorporated by reference and made a part of the terms and conditions of this Agreement. By agreeing to the terms and conditions of this Agreement, you also give your consent to the way we may use your Information pursuant to the Privacy Policy. We will not use Your Information for any other purpose or disclose it to any other person, unless you have given your consent. We may also disclose Your Information if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
4. Materials under the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License.
Some of the materials that are contributed to www.servicecatalogs.com by newScale or by other participants in www.servicecatalogs.com are indicated as being made available under the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. For more information about the Creative Commons license see creativecommons.org. Under this Creative Commons license you may redistribute, copy, modify or otherwise reuse these materials provided that you do so for non-commercial purposes and properly identify the author(s) of the original work. For clarity, commercial use means to sell or commercialize the www.servicecatalogs.com materials. Permitted non-commercial use includes use by a business in its own internal operations.
With respect to Your information that you post or contribute to www.servicecatalogs.com in areas where the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License [insert logo and link] is indicated as applicable, in addition to the other terms set forth herein, you also grant newScale the right to make those materials generally available under the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License.
With respect to www.servicecatalogs.com materials made available by newScale, the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License constitutes the entire agreement between you and newScale.
5. Materials Made Available on the Site Other than those under the Creative Commons Attribution-Noncommercial-Share Alike 2.5 License
For any other areas of the Site which are not indicated as subject to the Creative Commons license , by providing Your Information to newScale, you agree to grant us, and hereby do grant us, a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) license to exercise all of the copyright and publicity rights you have in Your Information, and to make derivative works based on Your Information and exercise all of the copyright and publicity rights in such derivative works, in each case in any media now known or hereafter existing. If you submit material included in Your Information to any public area of the Site, you also agree to permit any other user of the Services to access, view, store, modify or reproduce such material for that user’s internal non-commercial use.
You acknowledge that the Services contain materials that are protected by copyright, trademark or other intellectual property rights of newScale or its licensors. As between you and us, you agree that all such content used or made available at the Site or through the Services is copyrighted as a collective work of newScale pursuant to applicable copyright law, that newScale owns a copyright in the selection, coordination, arrangement and enhancement of materials, as well as in the content original to newScale. You agree to maintain and reproduce all copyright notices and to comply with any additional copyright instructions or restrictions relating to copyrighted materials made available on the Site.
Subject to your compliance with these terms and conditions, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, to access and use the Services and to download, copy and/or print the materials made available on the Site for your own non-commercial use only.
Trademarks and/or service marks of newScale in the United States include Servicecatalogs.com, newScale, newScale.com, RequestCenter, AlignmentCenter and others. newScale’s trademarks and service marks may not be used in connection with any product or service which is not newScale’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits newScale. Other trademarks that appear on this web site are the property of their respective owners.
6. Interactive Features and Public Forums.
The Site provides interactive features such as message boards, online chat rooms, articles, and template downloads. You are solely responsible for the content of any information that you may post at the Site using such interactive features. Although newScale assumes no obligation to monitor, edit or screen information posted by users in these forums, it does reserve the right to remove any postings it deems inappropriate for any reason and in its sole discretion. newScale may also terminate a user’s privileges to post information, at any time, without notice.
newScale does not guarantee or warrant that any information posted by the users of the Site is truthful, accurate or not misleading. newScale does not endorse any of the opinions that may be posted by the users of the Site. Reliance on any information posted on this web site is at the user’s own risk.
You are prohibited from the collection and use of e-mail addresses of other users of the Site or other user account information, listings, or any form of data extraction or data-mining whatsoever.
newScale reserves the right, exercisable in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, or to terminate your access to the Site at any time or for any reason without prior notice or liability. newScale may change, suspend or discontinue all or any aspect of the Site or the Services at any time, including the availability of any interactive feature, database, or content without prior notice or liability.
7. Site Access; Interference with Services; Monitoring; Compliance with Laws.
We do not guarantee continuous, uninterrupted, error-free or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control.
You agree that newScale has the right, but not the obligation, to monitor any form of user activity associated with the Site and the Services. We may investigate any reported violation of our Site-related agreements and policies, and any user or other third party complaints relating thereto. We may take any action that we deem appropriate in connection with any such investigation (including without limitation issuing warnings, suspending or terminating Services, denying Site access and/or removing any materials posted on the Site).
The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be facilitated, directly or indirectly, by means of the Services.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of, or compromise the security of the Site or the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.
You may not try to gain unauthorized access to any portion of the servicecatalogs.com Site, or any other systems or networks connected to it, or to any newScale server, or to any of the services offered on or through the servicecatalogs.com or newScale Site, by circumventing the Site's access control measures, either by hacking, password "mining" or any other means.
You may not probe, scan or test the vulnerability of the servicecatalogs.com or newScale Site or any network connected to the servicecatalogs.com or newScale Site, nor breach the security or authentication measures on the servicecatalogs.com or newScale Site or any network connected to the servicecatalogs.com or newScale Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the servicecatalogs.com or newScale Site, or any other customer of newScale, including any servicecatalogs.com or newScale account other than your own, or exploit the servicecatalogs.com or newScale Site or any service or information made available or offered by or through the servicecatalogs.com or newScale Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.
You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by us to law enforcement authorities, and we will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
8. Digital Millennium Copyright Act Notice
newScale respects the intellectual property of others. newScale may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.
If you believe that your work has been copied and is accessible at the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, or that your intellectual property rights have been otherwise violated, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding this web site can be reached as follows:
By Mail:
newScale, Inc.
1850 Gateway Drive, Suite 300
Foster City, CA 94404
By Telephone:
+1.650.403.7700
By E-Mail:
administrator@servicecatalogs.com
9. External Sites; Linking.
The Services may contain links to websites on the Internet which are owned and operated by third parties (“External Sites”). This Agreement does not apply to your use of any External Site to which this Site only links, and we are not responsible for the availability of any External Site to which the Site links. Please note that the External Sites are governed by “terms of use” agreements and privacy policies that are different from those applicable to this Site. You are solely responsible for assessing whether these third party terms of use and privacy policies are acceptable to you, and if not, you should not use these External Sites or disclose information to them. Any use or disclosure that you may make to these External Sites is at your own risk. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Site. You acknowledge that newScale is not responsible for the availability of, or the content, advertising, products or other materials located on or through, any External Site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, products or services available on any External Sites. You should contact the site administrators of those External Sites if you have any concerns regarding such links or the content or services located on such External Sites.
Other websites may link to this Site only through a plain-text link that satisfies all six (6) of the following requirements:
1. Resolves to the Open Source Service Catalog Community homepage at www.servicecatalogs..com.
2. Indicates clearly that the link will lead to the Web Site of "The Open Source Service Catalog Community."
3. Does not falsely represent or suggest any relationship between the linking Site and newScale (including suggestions of affiliation, endorsement, or sponsorship).
4. Delivers www.servicecatalogs.com content outside of a framed or in-line linked environment.
5. Maintains the integrity of the Open Service Catalog Community layout, content, and look and feel.
6. Delivers users to the www.servicecatalogs.com Site, unaltered, unmodified, unadulterated in any way by the linking site.
Permission must be granted by us for any other type of link to this Site. To seek our permission, please write to us at administrator@sevicecatalogs.com. This limited license does not allow the framing of servicecatalogs.com's content in any way, including but not limited to referencing “servicecatalogs” “servicecatalogs.com,” or "newScale" as a metatag, that may create confusion among users with respect to sponsorship or affiliation.
10. Disclaimers; Limitations of Liability.
THE SITE AND THE SERVICES ARE PROVIDED BY NEWSCALE EXCLUSIVELY ON AN “AS IS” BASIS ONLY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEWSCALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEWSCALE MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AVAILABLE AT THE SITE OR VIA THE SERVICES, WHETHER SUPPLIED BY NEWSCALE, ITS AFFILIATES, LICENSORS OR ANY OTHER SOURCES. NEWSCALE MAKES NO WARRANTY THAT USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. Some jurisdictions may not allow the exclusion of implied warranties, and such exclusions may therefore not apply to you.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NEWSCALE OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH ADVICE OR INFORMATION.
UNDER NO CIRCUMSTANCES WILL NEWSCALE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE SITE OR THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
NEITHER NEWSCALE, ITS AFFILIATES, SUPPLIERS OR THEIR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, AFFILIATES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES (IF ANY) YOU PAY TO US IN THE ONE (1) MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).
11. Notices.
Except as explicitly provided otherwise, any notices shall be given by postal mail to newScale, Inc. Corporate Headquarters, 1850 Gateway Dr., Suite 300, Foster City, CA 94404, Attn: Legal Compliance Officer (in the case of us) or to the email address you provide to newScale during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to newScale during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12. General.
If any provision of these terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible by applicable law. Our failure to act with respect to a breach of these terms by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches. The Site and the Services are arranged, sponsored, or managed by newScale, Inc. in the State of California, USA. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Contra Costa County, California, or in the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Any cause of action you may have with respect to the Site, the Services or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or shall be barred.
