These Terms of Service (“the Terms”) apply to Your uses of the websites of Ternion Corporation and its subsidiaries and affiliates (“Ternion,” “us,” or “we”), including any content, functionality, products, and services offered on or through such websites that have these Terms (collectively, the “Website”), whether as a guest or a registered user. These Terms constitute a legal agreement between you and Ternion. Please read the Terms carefully before You access the Website. By accessing and/or using the Website and/or using any of the products or services offered by Ternion (the “Services”) you agree to be bound by these Terms.
You may only use the Website if You are over 18 years of age and allowed by law to enter into a binding contract. To access or use certain features of the Website, You may be required to register or provide certain information. When You register for an account, You agree to provide true, accurate, current, and complete information.
- MODIFICATIONS TO THE WEBSITE
Ternion reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Ternion will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website.
- YOUR CONTENT
To access the Website, You may be asked to provide or upload Your own data, information or other material (“Your Content”) through the Website. It is a condition of Your use of the Website that all Your Content is correct, current, and complete. Any and all of Your Content that you provide, upload, or transmit through the Website is yours. Ternion does not claim any intellectual property rights over Your Content by virtue of Your use of the Website.
To the maximum extent permitted by law, Ternion will have no liability related to Your Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Ternion also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of Your Content.
By providing Your Content to Ternion, You agree that:
3.2. You are providing Your Content to Ternion at Your own discretion and Ternion does not in any way certify or provide approval or permission prior to You providing Your Content.
3.3. Ternion may display Your Content to any and all of Ternion’s affiliates, subsidiaries and employees, including, but not limited to, for the purposes of providing the Website or the Services.
3.4. Ternion may store Your Content.
3.5. You own all right, title and interest in and to Your Content.
- USER CONTRIBUTIONS
The Website may give you the opportunity, but by no means the obligation, to create, submit, post, display, transmit, perform, provide, publish, distribute, or broadcast content and materials information to be published or displayed (hereinafter, “posted”) on publicly accessible areas of the Website, or transmitted to other users of the Website or third parties, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Contributions”). You acknowledge and agree that User Contributions posted by you are non-confidential and non-proprietary and Ternion will be entitled to the unrestricted use and dissemination of your User Contributions for any purpose, without acknowledgment or compensation to you.
4.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your User Contributions in any manner contemplated by the Website and the Terms.
4.3. You have the written consent, release, and/or permission of each and every identifiable individual person in your User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Contributions in any manner contemplated by the Website and the Terms.
4.4. Your User Contributions are not false, inaccurate, or misleading.
4.5. Your User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
4.6. Your User Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
4.7. Your User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
4.8. Your User Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
4.9. Your User Contributions do not violate any applicable law, regulation, or rule.
4.10. Your User Contributions do not violate the privacy or publicity rights of any third party.
4.11. Your User Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
4.12. Your User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
4.13. Your User Contributions do not otherwise violate, or link to material that violates, any provision of the Terms, or any applicable law or regulation
Any use of the Website in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Website.
Although we limit access to certain parts of the Website, no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
- COMMENTS AND FEEDBACK
If, at our request, You send certain specific submissions or, without a request from us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website, the Services or any related website(s). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third party.
- COMMERCIAL USE
Unless otherwise expressly authorized herein or in the Website, You must not access or use for any commercial purpose any part of the Website or any of the Services or materials available through the Website. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works form, modify, sell, resell, transfer or upload for any commercial purposes any portion of the Website, use of the Website, access to the Website, or any of the Services.
- OTHER PROHIBITED USES
You may use the Website or materials available through the Website only for lawful purposes and in accordance with the Terms. You agree that:
7.1. You will not use the Website in any way that violates any applicable federal, state, local , or international law or regulation.
7.2. You will not use the Website for any purpose other than intended and/or allowed by the Terms.
7.3. You will not use the Website to attempt to gather personal information on any person or entity outside of limited permissible uses.
7.4. You will not impersonate or falsely claim to be representing any person or entity, including Ternion, its affiliates, or any of their employees (including, without limitation, by using e-mail addresses associated with any of the foregoing).
7.5. You will not use the Website to transmit, distribute, send, or introduce the Website or its users to any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.6. You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or otherwise attempt to interfere with the proper working of the Website.
7.7. You will not use the Website if Your Content contains, or is determined at our sole discretion, to be fraudulent, libelous, slanderous, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable.
7.8. You will not send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.
7.9. You will not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- INTELLECTUAL PROPERTY RIGHTS/TRADEMARKS
You acknowledge and agree that the Website may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, including, but not limited to, FLAMES® and Ternion®. You agree not to modify, copy, frame, scrape, sell, distribute, or create derivative works based on the Website or the Site Content, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally upload or provide to the Website.
The Ternion name and logos are trademark of Ternion (collectively, the “Ternion Trademarks”). Other trademarks used and displayed via the Website may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Ternion. Nothing in the Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Ternion Trademarks, without our prior written permission in each instance. All goodwill generated from the use of the Ternion Trademarks will inure to our exclusive benefit. Without limiting the foregoing, the Ternion Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
- PROPRIETARY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ternion Corporation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
9.1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
9.2. You may store files that are automatically cached by your web browser for display enhancement purposes;
9.3. You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
You must not:
9.4. Modify copies of any materials from Website;
9.5. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Ternion Corporation. Any use of the Website not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
- THIRD PARTY MATERIAL
Ternion is not liable in any way for any content or materials of any third parties, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kinds incurred as a result of the use of any such content.
- THIRD PARTY WEBSITES
The Website may contain links to third-party websites. Ternion has no control over such sites, resources or applications and is not responsible for and does not endorse such sites, resources, or applications. Ternion does not accept any responsibility for third party websites or for any loss or damage that may arise from your use of them, and Ternion disclaims all warranty and liability as to the accuracy, completeness, suitability or utility thereof. If you decide to access any of the third‑party websites linked on our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, resources, or applications.
Any payments by You for access to the Website or for any of the Services will be processed through payment processors that we may use from time to time. Your payment through these payment processors will be covered by their respective terms of service, which will be provided to You prior to payment. Please make sure to read them carefully.
- DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TERNION NOR ANY PERSON ASSOCIATED WITH TERNION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TERNION NOR ANYONE ASSOCIATED WITH TERNION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TERNION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TERNION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES OFFERED, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Ternion, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or the documents or terms they incorporate by reference, your use or misuse of the Website or Services, or your violation of any law or the rights of a third party.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE AND POLICY
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to the address designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
17.1 Your physical or electronic signature.
17.2 Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
17.3 Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
17.4 Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
17.5 A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
17.6 A statement that the information in the written notice is accurate.
17.7 A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Send notifications to:
Copyright Infringement Notice
3411 Triana Boulevard, SW
Huntsville, AL 35805
Subject: Copyright Infringement Notice
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to the address designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
17.8 Your physical or electronic signature.
17.9 An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
17.10 Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
17.11 A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
17.12 A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Send notifications to:
Copyright Infringement Notice
3411 Triana Boulevard, SW
Huntsville, AL 35805
Subject: Copyright Infringement Notice
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
In the event that any provision of the Terms is determined to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent and the remaining provisions of the Terms will continue in full force and effect.
You agree that Ternion may suspend or terminate your account or access to the Website or Services for any or no reason, including any violations of the Terms. Any suspected fraud, abusive, or illegal activity may be referred to the appropriate law enforcement authority. You agree that any termination under any provision of the Terms may be carried out without prior notice, and you acknowledge and agree that Ternion may immediately deactivate your account or remove your access to the Website. You further agree that Ternion will not be liable to you or any third party for any termination of your access to the Website.
Your right to use the Website and/or any licenses granted under the Terms are not excludable, assignable, or transferable, including by operation of law or otherwise. Any attempted assignment or transfer in violation of the forgoing is null and void.
- ENTIRE AGREEMENT
- GOVERNING LAW & JURISDICTION
All matters relating to the Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any to any choice or conflict of law provision or rule.
You agree to submit to the exclusive personal jurisdiction of the courts located within the city of Huntsville and County of Madison County, Alabama. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- NO CONSOLIDATION
Any claim or dispute shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
- LIMITATION ON TIME TO FILE CLAIMS
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. It is your sole responsibility to check for changes to the Terms.
- Titles and Headings
The headings and titles of the Terms have been used for the convenience of reference and are for informational purposes only and shall not be deemed to be a part of the language of the Terms.
- YOUR COMMENTS AND CONCERNS
This website is operated by Ternion Corporation, located at 3411 Triana Boulevard SW, Huntsville, AL 35805.
All feedback, Comments, requests for technical support and other communications relating to our website should be directed to: firstname.lastname@example.org