COMPLIANCE WITH TERMS AND ELIGIBILITY. You agree to use the Site only in accordance with these terms and conditions (the “Terms”), whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Registrant” (which means you have registered with us on the Site). The term “User” includes both “Visitors” and “Registrants”. If you register to become a Registrant you will be required to indicate your acceptance to these Terms during the registration process. Use of the Site and its features and registration to be a Registrant (“Registration”) is void where prohibited. This Site is not intended for users under the age of 18. If you are under 18, please do not use this Site.
USER CONTENT. We may, but are not obligated to, allow you to upload content for display on the Site. This may be in the form of postings, responses to posts, participation in forums or other discussion threads and/or other through other means. If we allow this feature, please choose carefully the information you post on the Site, provide to other Users and/or otherwise make available to us and through the Site. Your content may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Users (for instance, in their profile or displayed on the Site in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. As we state in more detail below, your use of the Site and its content is at your own risk. If you become aware of misuse of the Site or its features by any person, please click on the “Contact Us” link on the Site pages and follow the directions as to how to contact us. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
PROPRIETARY RIGHTS IN USER CONTENT. Overland does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the license herein. By displaying, publishing or uploading Content on the Site, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Overland and its affiliates an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site for any reason, including in connection with operating, advertising and promoting the Site (including, for example, through screen shots and blogs) and/or our products in any media formats and through any media channels now existing or developed in the future. From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above. You represent and warrant that: you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. In furtherance of the foregoing, you agree that you will not post Content that violates or is not in compliance with our CODE OF CONDUCT below. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
OVERLAND CONTENT. The Site may contain Content provided by Overland (including third-party content posted or displayed by Overland and not by a User), including, without limitation, text, images and logos (“Overland Content”). Overland Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Overland, Overland owns and retains all rights in the Overland Content and the features and functionality of the Site. Overland hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Overland Content (excluding any software code) solely for your personal use in connection with viewing the Site. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site. Your rights with respect to any Overland Content included in an Overland product or service covered by a separate license agreement will be as set forth in such agreement.
CODE OF CONDUCT: While using the Site you agree not to:
· Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
· Use the Site for any purpose other than support of your internal business or personal activities;
· Use the Site for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us, without our prior written consent;
· Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us) (collectively, “Prohibited Content”);
· Engage in spamming or flooding;
· Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
· Remove any copyright, trademark or other proprietary rights notices contained in the Site;
· "Frame" or "mirror" any part of the Site without our prior written consent;
· Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
· Harvest or collect information about visitors or members of the Site without their express consent.
While using the Site, you agree to comply with all applicable laws, rules and regulations.
WARRANTY DISCLAIMER. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OVERLAND AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR OTHER VIOLATION OF RIGHTS. OVERLAND AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT YOUR USE OF THE SITE OR USE OF THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR THE MATERIALS ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE OR THE MATERIALS ON THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF OVERLAND OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR AGENTS, WHETHER MADE ON THE SITE, IN THE MATERIALS ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, OVERLAND: (a) DISCLAIMS AND SHALL NOT HAVE ANY OBLIGATION TO UPDATE OR VERIFY THE ACCURACY OF, AND DOES NOT GUARANTEE THE ACCURACY OF, ANY SECTIONS OF THE SITE AND (b) IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR THE DELIVERY OF, FAILURE TO DELIVER OR THE CONTENTS OF ANY E-MAILS.
FURTHER, OVERLAND IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY CONTENT ON THE SITE POSTED BY USERS, INCLUDING, WITHOUT LIMITATION WITH RESPECT TO ITS ACCURACY AND RELIABILITY. USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF OVERLAND. PROFILES AND OTHER INFORMATION POSTED BY REGISTRANTS ON THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES. OVERLAND IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES. OVERLAND IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE INCLUDING, WITHOUT LIMITATION, ANY CONTENT POSTED BY ANY USER. OVERLAND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR REGISTRANT COMMUNICATION.
A possibility exists that the Site could include inaccuracies or errors or materials that violate this Agreement (including, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that such a situation arises, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" below.
LIMITATION OF LIABILITY. IN NO EVENT WILL OVERLAND OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATED IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OVERLAND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY SITES. There may be links on the Site that will permit you to travel to other, third-party sites over which Overland has no control, including, without limitation, links to news, investment and industry third-party sites (the “External Sites”). Overland makes no representations whatsoever about the content of any of the External Sites or about any of the links contained in the External Sites that you may access through the Site. Overland does not endorse or accept any responsibility for the content on, or use of, the External Sites. You should contact the site administrator or webmaster for any External Site if you have any concerns regarding such links or the content located on such External Site. Furthermore, there are inherent dangers in the use of any software available for downloading on the Internet, and Overland cautions you to make sure that you completely understand the potential risks (including the potential infection of your system by computer viruses) before downloading any software or files. You solely are responsible for adequate protection and backup of the data and equipment used in connection with any software or files.
INTELLECTUAL PROPERTY. You acknowledge and agree that the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Overland or our affiliates, suppliers, advertisers and agents, you agree not to modify, rent, lease, loan, sell, assign, sublicense, distribute, grant a security interest in or otherwise transfer any right in the Site, in whole or in part; reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Site, in whole or in part; or create a derivative work based on the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by Overland for use in accessing the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Overland infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow Overland to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been filed wrongly against you, the DMCA permits you to send Overland a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Legal Department, Overland Storage, Inc., 4820 Overland Avenue, San Diego, CA 92123, email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
OWNERSHIP AND RESTRICTIONS ON USE. ©2014 Overland Storage, Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written consent. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
Overland Storage® is the trademark and/or service mark of Overland Storage, Inc. All other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners.
We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desires at any time and in our sole discretion. Furthermore, we make no representation that any materials in or on the Site are appropriate or available for use in any location where such use is prohibited. Those who choose to access the Site from locations where such access and use are prohibited do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
LEGAL NOTICES. Under California Civil Code Section 1789.3. California residents are entitled to the following specific consumer rights information:
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.