Last updated October 04, 2010.
b. You may not use the Services if you are prohibited by Law (as defined below in Section 2(d)) from receiving or using the Services. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with Ekkli, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
d. Ekkli may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Ekkli will make a new copy in this page, with any new Additional Terms made available to you from within or through the affected Service. Ekkli may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check this page to view the then-current General Terms and Addition Terms.
e. Services and Materials provided by third parties are governed by separate agreements accompanying such Services and Materials.
2. Use of Services and Materials.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Services.
b. Unless expressly agreed to by Ekkli in writing elsewhere, Ekkli has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Services (“Your Content”). “User Content” means any Materials uploaded by you or the other users of the Services. Ekkli has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Ekkli retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Ekkli in its sole discretion.
c. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Ekkli immediately. You may not use another person’s Account Information. Ekkli may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
d. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
e. You agree not to access or attempt to access the Services by any means other than the interface provided by Ekkli or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
a. The Services and Ekkli Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Ekkli and its suppliers do not grant any express or implied rights to use the Services and Materials.
b. The trademarks, logos and service marks displayed on the Services (the “Marks”) are the property of Ekkli or third parties. You are not permitted to use the Marks without the prior consent of Ekkli or the third party that may own the Marks. Ekkli and the Ekkli logo are trademarks of Ekkli.
4. Use of Software.
a. Any Software that is made available via the Services is the property of Ekkli and its suppliers. If the Software made available via the Services is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. Other license terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
b. If no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section 4(b). Ekkli grants you a personal, worldwide, freely revocable, limited, non-transferable, non-sublicensable, royalty-free, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Ekkli and Ekkli may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Ekkli’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Section 14, below and your compliance with the export control provisions of Section 18.
c. The Software may automatically download and install updates from Ekkli from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Ekkli to deliver these to you with or without your knowledge) as part of your use of the Services.
5. Use of Ekkli Materials, User Content and Shared Group Content.
Except as expressly indicated to the contrary in any applicable
Additional Terms, Ekkli hereby grants you a nonexclusive, freely
revocable (upon notice from Ekkli), nontransferable, license to
view, download and print Ekkli Materials, subject to the
b. Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as “Shared Group Content”. While some Services offer functionality to limit another User’s use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute. You agree that Ekkli has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User’s Shared Group Content, including by looking at a given Service’s functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content
d. Software is subject to the additional provisions governing Software set forth herein.
e. The rights granted to you in Ekkli Materials as specified above are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No Ekkli Materials may be copied or retransmitted unless expressly permitted by Ekkli.
6. User Conduct.
a. You agree that you, not Ekkli, are entirely responsible for all of Your Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services (“Make Available”), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.
c. You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Ekkli with respect thereto, and agree to indemnify and hold Ekkli, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
agree not to use, or to encourage or permit others to use, the
Services to: i. Make Available any Material that is unlawful,
harmful, threatening, abusive, tortious, defamatory, libelous,
vulgar, obscene, child-pornographic, lewd, profane, invasive of
another’s privacy, hateful, or racially, ethnically or
a. Ekkli, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Ekkli shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
b. Although Ekkli does not generally monitor User activity occurring in connection with the Services or Materials, if Ekkli becomes aware of any possible violations by you of any provision of the Terms, Ekkli reserves the right to investigate such violations, and Ekkli may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Ekkli believes that criminal activity has occurred, Ekkli reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Ekkli is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Ekkli’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of Ekkli, its Users or third parties, including the public at large, as Ekkli in its sole discretion believes to be necessary or appropriate.
8. Use of Your Content.
A note in common terms: We realize that this section might look a bit scary and so we want to point out a few things. This section only applies to those portions of our sites, such as User Forums, where we intend for users to share content freely with Ekkli and with each other. It does not apply to all of the content that you share, contribute or post to our sites. For example, it does not apply to content hosted by CS Live online services, Photoshop.com or Acrobat.com. For services like those, we will provide customized license grants that are consistent with the spirit and intent of those services and that are appropriate for the kinds of content we expect you to share within them. (We say this more formally below.) So we encourage you to be selective when deciding which content to contribute under this license and we want you to be sure that you are comfortable granting the rights in this section when it comes to that content.
does not claim ownership of Your Content. However, except
as provided in Section 8(b), you grant Ekkli a worldwide
(because the Internet is global), royalty-free, nonexclusive,
transferable, perpetual, irrevocable, and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display Your Content (in
whole or in part) and to incorporate Your Content into other
Materials or works in any format or medium now known or later
You have no obligation to provide Ekkli with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Ekkli, while you retain ownership in such Feedback, you hereby grant Ekkli a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Ekkli is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Ekkli may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Ekkli for the Feedback under any circumstances.
10. Right to Derive Revenue/Advertisements.
Except for Your Content subject to Section 8(b) above, you agree that Ekkli may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, Ekkli may display Ekkli and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by Ekkli on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.
11. Links to Third Party Sites.
The Services and Materials may include links that will take you to other sites outside of the Services (“Linked Sites”). The Linked Sites are provided by Ekkli to you as a convenience and the inclusion of the links does not imply any endorsement by Ekkli of any Linked Site. Ekkli has no control of the Linked Sites and you agree that Ekkli is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
12. Modifications to Services and Materials.
Ekkli may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Ekkli shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Materials.
Terms will continue to apply until terminated by either you or
Ekkli as set forth below.
14. DISCLAIMER OF WARRANTIES.
UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
15. International Users.
Services can be accessed from countries around the world and may
contain references to Services and Materials that are not
available in your country. These references do not imply that
Ekkli intends to announce such Services or Materials in your
16. Limitation of Liability.
a. IN NO EVENT
SHALL Ekkli, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT FORESEEABLE OR IF Ekkli HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF
LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE
OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR
MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE Ekkli’S
LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF Ekkli
OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
17. Notification of Copyright Infringement.
Ekkli respects the Intellectual Property Rights of others and
expects its users to do the same. Ekkli will respond to clear
notices of copyright infringement consistent with the Digital
Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) (“DMCA”) and its response to such notices may
include removing or disabling access to the allegedly infringing
content, terminating the accounts of repeat infringers, and/or
making good-faith attempts to contact the user who posted the
content at issue so that he may, where appropriate, make a
18. Export Control Laws.
You acknowledge and agree that products, services or technology provided by Ekkli are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer Ekkli products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
19. Indemnity and Liability.
You agree to indemnify and hold Ekkli and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
20. Resolution of Disputes.
matters relating to your access to, or use of, the Services or
Materials shall be governed by the Laws of the State of
California, United States of America without regard to conflict
of laws principles thereof. You agree that any claim or dispute
you may have against Ekkli must be resolved by a court located in
Santa Clara County, California, United States of America except
as otherwise agreed by the parties, or as set forth in section
(b) below. You agree to submit to the personal jurisdiction of
the courts located in Santa Clara County, California, United
States of America for the purpose of litigating such claims or
disputes. The parties specifically disclaim the U.N. Convention
on Contracts for the International Sale of Goods.
notice provided to Ekkli pursuant to the Terms should be sent to
345 Park Avenue, San Jose, California 95110-2704, Attention: