Ajar Productions Terms of Use

Please read the Terms of Use carefully before accessing or using this Site.

LAST UPDATED: 8/21/2012

Acceptance

By accessing or using the services of this Site, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Ajar Productions may publish from time to time (collectively, the "Terms of Use"). If you do not accept all of the terms and conditions contained in the Terms of Use, leave now and do not access or use this Site.

Ajar Productions may occasionally change the Terms of Use at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates.

Definitions

"Materials" means all downloads, files, text, images, photographs, graphics, videos, publications, content, software, code, scripts, plug-ins, programs, and products made available via the Site by Ajar Productions to users of this Site. "Services" means all services and resources offered or enabled by the Site. All Materials provided by Ajar Productions are referred to collectively as "Ajar Productions Materials." All user-supplied Materials are referred to collectively as "User Materials." "Communications Venues" refers to download areas, developer tools services, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user-to-user forums), newsgroups, photo albums, and other message or communication facilities designed to enable you to communicate with others.

Notice

This site is protected by copyrights and trademarks (collectively, "Intellectual Property Rights"). Any unauthorized use of this site may violate those rights. Ajar Productions does not grant any express or implied rights to use its Intellectual Property. By visiting this site and thereby accepting the Terms of Use, you agree not to copy, republish, download, distribute, or reverse-engineer the Site. Use of downloaded materials from this Site may only occur in conformance with the corresponding End User License Agreements, available at http://ajarproductions.com/legal/eulas.

Use of Site and Services

By entering this Site, you agree to adhere to all limitations on dissemination, usage, and reproduction of any Materials that you download from the Site. You agree to use the Services only to access, download, utilize, post, or send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

You may not access or attempt to access any Material that you are not authorized to access, nor may you make available any files containing Materials which you do not own or control, or which infringe upon the intellectual property rights of others.

You may not access or use the Site in any manner that could damage, disable, overburden, disrupt, or interfere with the security of, or otherwise cause harm to, the Site, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. You may not post or otherwise submit any software, programs, or files that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan horses, viruses, or worms.

You may not transmit unsolicited or bulk communications to any Ajar Productions account holder or to any ajarproductions.com or affiliated e-mail address, on engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys, or any other duplicative or unsolicited messages (commercial or otherwise), or use any Ajar Productions domain name as a pseudonymous return e-mail address. You may not create a false identity for the purpose of misleading others.

You may not disrupt, interfere, or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services; post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable; or violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.

You many not download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed, or displayed in such manner.

Ajar Productions, in its sole discretion, may monitor or review the Materials at any time. Ajar Productions may at any time, without notice and in its sole discretion, terminate a Service, or terminate access to or use of any Materials or an area of the Site where Materials are posted or submitted. While Ajar Productions does not censor or read private site mail, in the event that Ajar Productions has reason to believe that such communication could be harmful to Ajar Productions, Ajar Productions reserves the right to read, and delete such harmful messages from the Site.

Use of Ajar Productions’ Materials

Any Ajar Productions’ Materials or Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded, and printed subject to your payment of such fee or execution of such separate agreement.

Submitted Materials

All of your User Materials that you post on or otherwise submit via the Site and Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials. Ajar Productions may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. Ajar Productions does not pre-screen User Materials that users provide or otherwise submit via the Site or Services; however, Ajar Productions may remove any posted or submitted User Materials from the Site or any Service for any reason without notice, according to its sole discretion. By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.

In addition, by posting or otherwise submitting your User Materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part ("Images"), you represent and warrant that: (a) you own the copyright to such Images, or that you have obtained all necessary permissions from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with the Site, the Services, and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance, and reproduction of such Images. You will receive no compensation with respect to the use of your Images.

You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness, or usefulness of your User Materials. Ajar Productions does not guarantee the accuracy, integrity, or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent, or otherwise objectionable.

Ajar Productions’ Rights to Submitted User Materials

For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports, or (e) product suggestions, you grant Ajar Productions and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free, and fully paid-up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit, and distribute such User Materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Ajar Productions is free to use any ideas, concepts, know-how, or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Ajar Productions shall not be liable for any failure to store User Materials on the Site at any time.

Restriction and Termination of Use

Ajar Productions may block, restrict, disable, suspend, or terminate your access to all or part of the Site, Services, and Materials at any time, without prior notice and at its sole discretion.

Links to Third-Party Sites

The Site, Services, or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Ajar Productions to you as a convenience, and the inclusion of the links does not imply any endorsement by Ajar Productions of any Linked Site. Ajar Productions has no control of the Linked Sites, and you therefore acknowledge and agree that Ajar Productions is not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. You further acknowledge and agree that Ajar Productions is not responsible for any form of transmission (e.g., webcasting) received from any Linked Site.

Warranties and Disclaimers

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY AJAR PRODUCTIONS UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AJAR PRODUCTIONS MAKES NO WARRANTY THAT (i) THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES, OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

AJAR PRODUCTIONS DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES, AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES.

THE USE OF THE SITE, SERVICES, OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AJAR PRODUCTIONS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. AJAR PRODUCTIONS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

Privacy

Ajar Productions will use and protect your data, such as your name, email address, and in accordance with the Ajar Productions Online Privacy Policy, available at http://ajarproductions.com/legal/privacy.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, AJAR PRODUCTIONS WILL NOT BE LIABLE TO YOU FOR ANY LOSS; DAMAGES; CLAIMS; SPECIFIC RESULTS; INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, USER MATERIALS OR OTHER DATA; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES; ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOST DATA, THEFT OF HARDWARE OR SOFTWARE; ANY DAMAGES DUE TO PERSONAL INJURY; FAILURE TO MEET ANY DUTY OF CARE; CLAIMS BY A THIRD PARTY; OR LOSS OF DATA, PROFITS, REVENUE, OR SAVINGS, WHETHER OR NOT FORESEEABLE, EVEN IF AN AJAR PRODUCTIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. The foregoing liability limitations shall apply to the maximum extent allowed by applicable law.

Notification Of Copyright Infringement

Ajar Productions will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Ajar Productions will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site.

By e-mail: support@ajarproductions.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to or from the Site or in connection with the Services or Materials.

Indemnity and Liability

You agree to indemnify and hold Ajar Productions and its officers, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, for claims brought by any third party due to or arising out of (a) your User Materials and any other content (e.g., computer viruses) that you may submit, post to, or transmit through the Site (including a third party's use of such User Materials or content; (b) your access to or use of the Site, Services, or Materials; (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) your infringement of any third party's Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Materials; or (f) your violation of any rights of any third party.