The following Terms and Conditions govern your use of this 1stWorks Corporation web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the 1stWorks web site or the 1stWorks service.
This hotComm Services Agreement (the "Agreement") is made and entered into between you (the "USER") and 1stWorks Corporation ("1stWorks"). Use of the Service (as defined below) signifies USER's agreement to the terms and conditions set forth in this Agreement.
1. Description of the Service
As used in this Agreement, the term "Service" refers to 1stWorks' hotComm service, which enables fast, private, interactive and direct or server assisted peer exchange of text, audio, video or content between participating hotComm users on the web or on a private network, all software provided by 1stWorks to the USER to enable use of the hotComm service (the "Software"), and all modifications, updates, and revisions thereof, and any documentation provided therewith.
2. Grant of Rights
1stWorks grants USER a non-exclusive, non-transferable, limited license to use the Service in accordance with this Agreement at a site to be designated by USER and identified to 1stWorks. 1stWorks may, in its sole discretion, change the functions and capabilities of the Service and shall, in its sole discretion, determine the functions and capabilities that will be incorporated into subsequent releases of the Service.
3. Restrictions on Use; Prohibited Uses
USER represents and warrants that (a) only authorized users will access the Service solely in connection with USER's exercise of the license granted hereunder; (b) USER's Service account will not be transferred to, or used on behalf of, another party or entity without 1stWorks' prior written consent; (c) USER will not use or copy the computer code and documentation provided in connection with the Service, except to make a back-up or archival copy of the code as specifically authorized by the copyright law of the United States of America; (d) USER will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation, and shall reproduce all such notices in or on all copies made by USER; (e) USER will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Software to any third party or reproduce or create derivative works based upon the Software to any third party or reproduce or create derivative works based upon the software or any portion thereof; (f) neither USER nor any of its employees, subcontractors or other personnel will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of the Software; (g) USER will not use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation or to impersonate 1stWorks personnel or other parties or entities; (h) USER will not transmit by means of the Service any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) invade the privacy of third parties, and USER will not use the Service (i) for any purpose other than the issuance of bona fide communications to addressees known to USER; (ii) to violate the security of the Service or room access policies; or (iii) to attempt to utilize another user's account name or persona without authorization from that user.
4. User Content - THIRD PARTY CONTENT - Opt-In or Out - (AKA Explicit Opt-In)
USER is solely responsible for the content of any information it makes available by means of the Service. USER expressly agrees that 1stWorks shall not be liable for any action 1stWorks takes to review, record or replay material posted by USER or third parties or to remove or restrict access to such material judged by 1stWorks in its sole discretion to be in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law, prohibitions on libel, slander and invasion of privacy, or laws pertaining to unfair or deceptive trade practices. Notwithstanding the foregoing, 1stWorks has no obligation (and does not necessarily have the ability) to review any material posted or made available by USER or third parties by means of the Service. If you have opted to receive follow-up materials or communications by being part of our mailing list (in all cases using the software for joining our online events and "Accepting the Terms of Service" is the same as opting into hear of furture offers - we advise that you may then be also opting to hear of our third party vendor offers and follow-up information).
We ask that you review the laws as listed at the Canadian "Anti-Spam legislature, as this will be the tone for the future of all countries and their SPAM and future contact policies by marketing companies. A good source for this information is listed at: http://fightspam.gc.ca/eic/site/030.nsf/eng/home.
If your browser does not support our OPT OUT module in our marketing emails, please email your name and all email addresses with a polite request to be permanently deleted from our mailing lists to: email@example.com and you will be added to our hard coded "Do Not Mail" database.
5. Ownership of Service
USER acknowledges and agrees that 1stWorks retains all title, copyright, patent rights and other proprietary rights in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof, and that the Service is proprietary to 1stWorks. 1stWorks reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder. USER agrees that any feedback provided to 1stWorks regarding the Service shall constitute, and shall be treated by USER as proprietary information of 1stWorks.
6. Third Party Proprietary Materials
Third party materials accessible to USER through the Service may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. All rights to such third party materials are retained by the owners of such materials. Except as expressly permitted by the owner of such rights, USER may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such materials.
7. System Resources
(a) USER shall be responsible for installing any computer code required to use the Service on USER's equipment, for any use of the automatic update feature of the computer code, and for assuring proper hardware configurations, audit controls, back-up plans and operating methods, including network overheads associated with use of the hotComm client. If USER requests consulting or support services, 1stWorks may provide such services at a mutually agreed upon fee.
(b) USER acknowledges that it may be temporarily disconnected from or logged off of the Service, either due to a system failure or because of USER inactivity and that 1stWorks shall have no liability in connection with any such disconnection or log off.
(c) USER acknowledges that it is solely responsible for the operation of its computer system and Internet access.
(d) USER agrees to comply with all 1stWorks instructions for installation and use of the Services.
8. Charges and Payment
(a) USER is responsible for all periodic hotComm license fees paid for access to the 1stWorks service and no refunds will be provided by 1stWorks where access to the Service is discontinued. 1stWorks further reserves the right, in its sole discretion, to cancel any USER's access to the Service immediately and without notice.
(b) USER is responsible for all charges associated with connecting to the Service, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Service.
(c) USER is responsible for all activities and any third party charges resulting from use of the 1stWorks Service, including, without limitation, taxes levied by any governmental authority in connection with USER's use of the Service. USER will reimburse 1stWorks for any third party charges, including taxes, that 1stWorks is obligated to pay as a result of USER's use of the Service.
(d) USER will remain liable for any unauthorized use of its account with the Service until it notifies 1stWorks by email, receipt requested and received at CustomerService@1stWorks.com.
(e) 1stWorks reserves the right to institute or increase fees at any time upon seven (7) days prior notice posted on the 1stWorks Website. If 1stWorks does not receive the full amount of Service account balance within thirty (30) days of the billing date, the lesser of 1.5% per month or the highest percentage allowed by law of the outstanding balance will be added to USER's bill as a late charge each month and shall be due and payable. USER shall also be liable for all attorney and collection fees arising from 1stWorks efforts to collect any unpaid account balance(s).
9. User Information
(a) USER certifies to 1stWorks that it is not a minor, i.e., that it is a bona fide business or, if an individual, at least eighteen (18) years of age.
(b) USER agrees to provide 1stWorks with accurate, complete, and updated information required by the registration to the Service (Registration Data), including USER's legal company name and d/b/a, contact person, address, telephone number(s), fax number(s), and e-mail address(es) (if available). USER agrees to submit appropriate payment data, including type of credit card, credit card number and expiration date). USER agrees to notify 1stWorks within five (5) days of any changes in USER's Registration Data. Failure to comply with this provision may result in immediate suspension or termination of USER's rights to use the Service.
(c) USER is solely responsible for maintaining the confidentiality of its passwords, and agrees that 1stWorks will have no obligations with regard thereto.
(d) 1stWorks reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.
(e) 1stWorks Corporation has the right to electronically disconnect and/or disconnect AND block from future entrance any/all participants knowingly or habitually giving invalid registration details (particularly "mock" email addresses) to gain entrance to our (mostly free) sessions, and this *may* be permanent. The understanding is that the Registration details you supply digitally on the Virtual Events Registration form are given in "good faith", and that what is supplied electronically to our service, (that results in your VALID registration link), will be active. Users that digitally send/sign these forms, do so with an expectation for possible follow-up promotions from our presenter(s) & staff. Situations may vary, concerns or questions, or erroneous blocks will not be held against 1stWorks Corporation, Online Trader Central (i.e. the service) or the individual (i.e. User). In the event of a miscommunication with a room moderator, or a presenter or host company request for a disconnection from the virtual venue (i.e. PresentationRoom), will be dealt with on a case-by-case basis and are open for negotiations. For more information on this topic, please email: firstname.lastname@example.org
10. Encryption of Transmissions
1stWorks encrypts name and address data in USER transmissions utilizing industry standard encryption techniques. Although 1stWorks believes that the techniques it uses are reliable, USER understands and acknowledges that no encryption technique is foolproof and therefore that 1stWorks cannot and does not warrant that transmissions are absolutely secure from third party interception and de-encryption.
USER hereby agrees to indemnify and hold harmless 1stWorks and its employees, licensors, independent contractors, providers, subsidiaries and affiliates, from and against any and all liability and costs (including, without limitation, 1stWorks attorneys' fees and costs) incurred by any of them in connection with any third party claim arising out of any breach by USER of the representations and warranties in Section 3 of this Agreement. USER shall cooperate as fully as reasonably required in the defense of any claim.
12. DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 1STWORKS MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, 1STWORKS' NEGLIGENCE. 1STWORKS WILL NOT BE LIABLE FOR ANY FAILURE OF OR DELAY IN PERFORMANCE DIRECTLY OR INDIRECTLY CAUSED BY ACTS OF THE USER, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, CAUSES BEYOND THE CONTROL OF 1STWORKS, INCLUDING BUT NOT LIMITED TO ACTS OF GOD AND GOVERNMENTS AND FAILURES OF THE INTERNET OR THE COMPONENTS THEREOF.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 1STWORKS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF 1STWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1STWORKS' TOTAL LIABILITY TO USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $500.
In addition to any other rights of the parties set forth herein, either the USER or 1stWorks may terminate this Agreement at any time upon notice. 1stWorks also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, with respect to any breach or threatened breach of Sections 3 or 5, or if USER is subject to charges and 1stWorks is unable to obtain payment due for such charges within thirty (30) days of the date upon which 1stWorks submits a request for payment to USER, or USER's credit card company (depending upon payment method chosen by the USER).
15. Modifications to Agreement
1stWorks has the right to modify this Agreement. Any modification is effective one week after posting on the 1stWorks Home Pages (http://www.1stWorks.com, http://www.hotComm.com), or immediately upon notice by electronic mail, or U.S. mail. USER's continued use of the 1stWorks Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). USER's only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of 1stWorks in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of Service Fees, is to terminate use of the Service.
END OF 1stWORKS TERMS AND CONDITIONS
cURL COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2010, Daniel Stenberg, email@example.com.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose
with or without fee is hereby granted, provided that the above copyright
notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN
NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE
OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not
be used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization of the copyright holder.
GNU GENERAL PUBLIC LICENSE Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow. The specific program covered by this license is "Dynamic Desktop" by 1stWorks Corporation, copyright 2002.
GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF GNU GENERAL PUBLIC LICENSE
Information Collection and Use
1stWorks Corporation is the sole owner of the information collected on this site. We will not sell, disclose or rent this information to others in ways different from those which are disclosed in this statement. 1stWorks Corporation collects information from our users at several different points on our website.
In order to use the hotComm service, each user must first complete the Registration process. During registration, each user is required to give their contact information, such as name and email address. This information is used by 1stWorks Corporation to enable the user to access hotComm services for which they have expressed interest. It is optional but encouraged for the user to provide other requested information so that we can provide a more effective service.
We use IP addresses to implement the hotComm service, analyze trends, administer the site, track usage, and gather broad demographic information for aggregate use.
We will share aggregated demographic information with our partners and any advertiser. This is not linked to any personal information that can identify any individual person. We may partner with other parties to provide specific supplemental services. When the user signs up for these services, we will share the contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
The 1stWorks web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site, and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys & Contests
From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used in aggregate for the purpose of monitoring or improving the use and satisfaction of this site.
Tell-A-Trader or Service Referral
If a user elects to use our referral service for informing a friend about the hotComm or Online Trader Central service, we will ask them for the friend's name and email address. 1stWorks Corporation will automatically send the friend a one-time email identifying the source of the referral and inviting them to visit the 1stWorks site for more information. 1stWorks Corporation stores this information for the sole purpose of sending this one-time email. The friend may contact 1stWorks Corporation at firstname.lastname@example.org to request the removal of this information from the database.
1stWorks takes reasonable precautions to protect our users' information. 1stWorks encrypts name and address data in all transmissions utilizing industry standard encryption techniques. 1stWorks Corporation believes that the techniques it uses are reliable, but you will understand that no encryption technique is absolutely secure and therefore 1stWorks cannot warrant that transmissions are absolutely secure from third party interception and de-encryption. While we use encryption to protect sensitive information online, we also take reasonable precautions to protect user-information off-line. Only employees who need information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Periodically, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they must do to ensure our customers' information is protected.
If you have any questions about the security at our website, you can send an email to email@example.com.
Site and Service Updates
We send all new hotComm users a welcoming email containing their authentication coded as part of the Registration process. We also send our users' site and service announcement updates. Members are not able to un-subscribe from service announcements, which will contain important information about the hotComm service.
Notification of Changes
Any Documents on the 1stWorks web site (e.g., press releases, data sheets, product descriptions and FAQs), are the copyrighted work of 1stWorks and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. 1stWorks grants you permission to copy and use such Documents so long as each copy (i) is solely for informational, non-commercial use in support of 1stWorks service, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. However, this permission does not extend to (a) the design or layout of this web site, or (b) any materials (e.g., software) which are governed by license terms separate from these Terms and Conditions.
Any licensed materials (e.g., software) which you download from the 1stWorks web site are governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original materials licensed by you which you are updating, and by downloading such licensed materials, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or materials not in accordance with the applicable license is expressly prohibited by law.
All Rights Reserved
Except as expressly granted in this Copyright Notice or the Terms and Conditions for the 1stWorks web site (or to you specifically in writing), 1stWorks and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Terms and Conditions
Use of the 1stWorks web site is subject to certain Terms and Conditions. Your use of the site means that you accept these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the 1stWorks web site.
1stWorks, hotComm and IM-Live are registered trademarks of 1stWorks Corporation, ezPeer and, hotComm Lite are trademarks of 1stWorks Corporation. All content provided to 1stWorks by partners, the partners' logos, product and other trademarks are the property of each respective partner, with all rights reserved.
Effective: June 16, 2010