Last revised: April 13, 2015
Welcome to the websites operated by Allure Security Technology, Inc. (collectively the “Site”). The Site provides you with access to a range of content, applications, resources and other materials, which may include, without limitation (a) written text, data, images, photos, graphics, videos, audio files and other materials made available by Allure regarding Allure or Allure products or services, such as white papers, product data sheets and press releases (“Allure Materials”); (b) forums, chat rooms, message boards, blogs or other community activities and resources made available by Allure through the Site (“Allure Community Resources”); and (c) software or software as a service offerings made available or accessible by Allure through the Site (“Allure Software”). The Site, Allure Materials, Allure Community Resources, Allure Software and any other products and services Allure may determine to offer from time to time through the Site are referred to collectively as the “Allure Services”.
1. Allure Software and Purchased Products and Services. Allure Software is licensed to you, and other products or services purchased by you from Allure are provided to you, on the terms and conditions set forth in the license agreement(s) or other agreement(s) or terms and conditions pursuant to which such Allure Software or purchased products or services are provided (“Product Agreements”). Nothing in these TOU shall alter any term or condition of a Product Agreement. In the event of a conflict between these TOU and a Product Agreement, the Product Agreement will control with respect to the Software or purchased product or service to which it applies.
Notwithstanding the foregoing, in the event that Allure Software is made available to you on our through the Site without a Product Agreement specific to the Allure Software, you are licensed to use such Allure Software solely for your own personal, noncommercial, informational purposes in the context of and in compliance with the technical limitations with which it is provided, and may not otherwise use such Allure Software or modify, copy, reproduce, republish, publicly display, translate, rent, lease, loan, sell, transmit, distribute or otherwise exploit such Allure Software for any commercial purposes or any other purposes whatsoever. Such license is subject to termination at any time by Allure for any reason upon notice to you. In the event that Allure Software is made available to you on or through the Site on a “demonstration” or “trial” basis without a Product Agreement specific to the Allure Software and such trial, your right to use the Allure Software is limited to the posted trial period, or if no trial period is posted, 7 days.
2. Additional Terms. In addition to the Product Agreements, there may be other terms and conditions that apply to your access or use of a particular Allure Service or portion of the Site (such additional terms and conditions, “Additional Terms”). In the event of a conflict between these TOU and any Additional Terms, the Additional Terms shall control with respect to the Allure Service or portion of the Site to which such Additional Terms apply.
3. Registrations Obligations and User Account. In order to access or continue to access some or all of the Site or the Allure Services, you may have to register and create and account with Allure. As part of the registration process, you will be required to provide certain information to Allure. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You may also be required to create a password and user name. Access to and use of password protected or secure portions of the Site or the Allure Services are restricted to authorized users only. You may not share your account or user name or password with any other person or use anyone else’s account, user name or password at any time. You are responsible for maintaining the confidentiality of your user name and password and the personal or confidential information residing in your computer, cell phone or wireless device (collectively, “User Devices”), and for all activities that occur through your User Devices and through your Allure accounts or your use of the Site and the Allure Services. You agree to immediately notify us if your password is no longer confidential or of any unauthorized use of your Allure account, the Site or any Allure Service or any other breach of security.
4. Content and Proprietary Rights. You understand that the Site and the Allure Services, including all software, written text, images, photos, videos, audio files and other information and content contained therein or which you otherwise have access to as part of, or through your use of the Site or the Allure Services, including without limitation the “look and feel” and arrangement of such information and content (the Site, the Allure Services and such information and content collectively “Content”), is owned, controlled or licensed by or to Allure, and is protected by protected by intellectual property laws and rights and unfair competition laws. Unless you have been specifically authorized to do so by Allure in a Product Agreement or Additional Terms or by Allure or the owners of that Content in a separate agreement, you may use such Content only for your personal, noncommercial, informational purposes in the context of the Allure Service with which it is presented and you may not otherwise use such Content or modify, copy, reproduce, republish, publicly display, translate, rent, lease, loan, sell, transmit distribute or otherwise exploit such Content for any commercial purposes or any other purposes whatsoever. You may only download Content which Allure has purposely made available for downloading from the Site. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, any Allure Services or any Content. Your use of Site and the Allure Services in no way grants you any right or license to reproduce or otherwise use any of our marks such as our name, logo or trademarks or any third-party marks, except for the normal use of such marks as part of your authorized use of the Site and the Allure Services. All use of any such marks shall inure to the owner thereof. All rights, title and interest not expressly granted with respect to Content are reserved.
5. User Submissions. Allure Community Resources and other Allure Services may provide you with a means to submit, post, display or otherwise share (“Share”) written text, images, photos, videos, audio files and other information and content (“User Submissions”). By Sharing User Submissions on or through the Allure Services, to the extent you have intellectual property rights in such User Submissions , you grant Allure and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable and transferable license under such intellectual property rights to use, reproduce, modify, publish, adapt, translate, transmit, display and perform such User Submissions in any other form, medium or technology now known or later developed for any purpose, including without limitation, the right to incorporate or implement your User Submissions into any Allure product or service, in each case without compensation to you. If you do not wish to grant the foregoing rights to Allure, do not Share User Submissions on or through the Allure Services.
Allure does not control User Submissions and therefore does not guarantee the accuracy, integrity, or quality of such User Submissions. You understand that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable. While Allure does not plan to pre-screen and takes no responsibility for pre-screening User Submissions for appropriateness, Allure reserves the right to pre-screen, filter, modify, refuse, or remove any or all User Submissions. You agree that you must evaluate, and bear all risks associated with, your use of any User Submissions. You agree that you are solely responsible for your own User Submissions and the consequences of Sharing them.
6. Your Representations and Covenants. Your use of the Site and the Allure Services is strictly subject to the following code of conduct at all times. You represent and covenant that you will not:
Use the Site or any Allure Service in any manner or Share a User Submission which is fraudulent, false, inaccurate, misleading, defamatory, libelous, malicious, derogatory, degrading, harassing, obscene, hateful, threatening, pornographic or otherwise objectionable;
Use the Site or any Allure Service in any manner or Share any User Submission that violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights and rights of privacy;
Share personal information or sensitive information of yourself or any other person;
Transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer, data or property, or transmit any other harmful or code technology;
Use the Site or an Allure Service or any Content provided on or through the Allure Services to do anything unlawful or prohibited by these TOU;
Collect third party or our content or information, or otherwise access the Site or any Allure Service using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express advance written permission;
Do anything that could disable, overburden, impair or otherwise interfere or attempt to interfere with the proper operation of the Site or an Allure Service or any transaction being conducted on the Site or through any Allure Service, or with any other users use of the Site or any Allure Service; or
Facilitate or encourage any violations of these TOU.
We may remove and/or block transmission of any User Submission or other content or information that you transmit using the Site or any Allure Service if we believe it breaches the above representations and covenants. We may also, at our sole discretion, with immediate effect and without advance notice to you, restrict or terminate your access to the Site or any Allure Services, if we believe that you have breached any of the above representations and covenants. All judgments concerning the applicability of the above terms to your activity shall be at our sole and exclusive discretion.
7. Changes to the Site or Allure Services. Allure is constantly innovating and changing the Site and the Allure Services as we deem appropriate. You acknowledge that Allure may in its discretion change some or all of the features and functionality of the Site or any Allure Service, add additional features and functionality to the Site or any Allure Service, stop (permanently or temporarily) providing the Site or any Allure Service or portion thereof to you or to users generally, or restrict access to the Site or any Allure Service or portions thereof (such as restricting a Allure Service to paying users). You further acknowledge that Allure may establish general practices and limits concerning use of Site and the Allure Services at any time, at our discretion, and that we may modify these general practices and limits from time to time.
9. Third Party Websites, Applications or Resources. The Site or Allure Services may contain, or User Submissions or other Content may contain, links to other websites, applications or resources or such websites, applications or resources may be otherwise accessible through the Site or the Allure Services. You acknowledge that these other websites, applications or resources are not controlled by us, different terms of service and privacy policies may apply, and we are not responsible for any such third party websites, applications or resources. You are responsible for compliance with the terms of service for such third party websites, applications or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such third party web sites, applications or resources. You acknowledge and agree that Allure is not liable for any damage or loss that may be incurred by you in connection with your use of any such website, application or resource.
10. Termination of Use. You agree that Allure may at any time and for any reason, and without prior notice to you, suspend, restrict or terminate your access to your Allure account, the Site or any Allure Service or Content. Termination of your account may include deletion of any user names and passwords and all related information, files, User Submissions, and other Content associated with or inside your account (or any part thereof). Any suspension, restriction or termination shall be made in Allure’s sole discretion and Allure shall not be liable to you or any third party for any suspension or termination of your account or your access to the Site or the Allure Services or the deletion of your User Submissions or other Content. Allure shall have no obligation to maintain or forward any of your User Submissions or other Content. Any provisions that expressly or by their nature survive termination of your account or this Agreement will survive any termination of your account or this Agreement.
11. Notice and Procedure for Making Claims of Copyright Infringement. If Allure receives a notice alleging that you have engaged in behavior that infringes any of its or a third party’s intellectual property rights and reasonably concludes that such information is credible, Allure may, at its discretion, suspend or terminate your access to the Site or the Allure Services with or without notice to you. If Allure takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
Allure will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, written notification of claimed copyright infringement must be submitted as follows:
Allure Security Technology, Inc.
200 5th Avenue, Waltham, MA 02451
To be effective, the notification must include the following:
An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the location of the infringing material and information reasonably sufficient to permit Allure to locate the material;
Your contact information, including your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR ANY ALLURE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, THE ALLURE SERVICES, OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES PAID BY YOU WITH RESPECT TO ANY ALLURE SERVICE OR FEATURE OF OR ON THE SITE IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US OR FIFTY DOLLARS ($50). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN A PRODUCT AGREEMENT OR ADDITIONAL TERMS, WE ARE PROVIDING THE SITE, THE ALLURE SERVICES AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THE ALLURE SERVICES OR CONTENT, THAT THE FUNCTIONS CONTAINED IN THE ALLURE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR ANY ALLURE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE OR AN ALLURE SERVICE WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE EXCLUSIONS OR LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Indemnification. You agree to indemnify, defend and hold harmless, Allure Security Technology, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or of any applicable law by you, or due to or arising out of (i) the data or Content you submit, post, transmit, distribute, publicize or otherwise make available through an Application or the other Allure Services, or (ii) any of your actions or omissions when using the Site or an Allure Service.
15. Governing Law. These TOU will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents, without regard for conflict of laws principles.
16. Venue; Agreement to Exclusive Jurisdiction. You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOU or the use of any Application or the other Allure Services exclusively in a state or federal court located in the County of New York, State of New York. You and Allure agree to submit to the personal jurisdiction of the courts located in the County of New York, State of New York for the purpose of litigating all such claims.
17. Amendments. We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOU at any time. You can find the most recent version of these TOU here, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of these TOU whenever you use the Site or any Allure Service to check if they have been updated. You must review these TOU on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised TOU, your sole recourse is to immediately stop all use of the Allure Services and the Site. Your continued use of the Site or any Allure Service following the posting of modifications will constitute your acceptance of the revised TOU.
18. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party’s right to act with respect to subsequent or similar breaches.
19. Assignment. You will not transfer any of your rights or obligations under this agreement to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
20. Legal Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of this agreement. You agree that we have the right without liability to you to disclose any information as we believe is reasonably necessary or appropriate to comply with applicable laws or regulations or to enforce or verify compliance with any part of this agreement. In addition, we may disclose information pursuant to subpoenas, court orders, or other law enforcement or government requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to respond to claims that any such information violates the rights of others, or to protect the rights, property or personal safety of Allure, ite employees, users of the Site or Allure Services, and the public. This may include sharing information with other companies, lawyers, courts or government entities. Nothing in this Agreement shall prevent us from complying with applicable laws.
21. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
22. Export Control. You may not use, export, or re-export the Site, any Allure Service or any Content (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
23. Notices. Allure may provide you with notices, including those regarding changes to this Agreement, by email or regular mail and Allure may also post such changes on Site or the Allure Services. You shall send any notices to Allure at: Allure Security Technology, Inc, 336 W 37th Street, Suite 1024, New York, NY 10018.
24. Questions and Feedback. Should you have any questions concerning this Agreement, or if you desire to contact Allure for any reason, please write to: Allure Security Technology, Inc., 336 W 37th Street, Suite 1024, New York, NY 10018. or email@example.com. We appreciate your feedback or other suggestions about Allure, the Site or the Allure Services, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
25. Entire Agreement. These TOU and all other terms and conditions incorporated herein constitute the entire agreement between the parties with respect to the use of the Allure Services and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written.