Legal Disclaimers and Limitations
Responsibility of Contributors. Those who post material to, provide links to material from, or otherwise make material available by means of Macte’s websites (“Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:
- the downloading, copying and use of the materials you make available will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party; you have fully complied with any third-party licenses relating to such materials, and have done all things necessary to successfully pass through to end users any required terms;
- the materials you make available do not contain any viruses, worms, Trojan horses or other harmful or destructive content;
- the materials you make available are not obscene or libelous, and do not violate the right of privacy or publicity of any third party; and
- you have, in the case of computer code, accurately categorized and described the type and nature of the materials if and when requested by Macte to do so.
Without limiting any of those representations or warranties, Macte has the right (though not the obligation) to, in Macte’s sole discretion: (a) remove any content that, in Macte’s reasonable opinion, violates any Macte policy or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.
Responsibility of Website Users. Macte has not reviewed, and cannot review, all of the material, including computer software, available on or by means of Macte’s websites, and cannot therefore be responsible for that material’s content, use or effects. By operating its websites, Macte does not represent or imply that it endorses the material there available, or that it believes such material to be accurate, useful or nonharmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Macte's websites may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. Macte’s websites may also contain material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Macte disclaims any responsibility for any harm resulting from the use by Macte's visitors of Macte’s websites, or from any downloading by those visitors of content available on or by means of Macte’s websites.
Changes. Content contained on Macte’s websites, including these Legal Disclaimers and Limitations, may be changed at the sole discretion of Macte and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Disclaimers and Limitations.
Content Posted on Other Websites. Macte has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Macte's websites links, and that link to Macte's websites. Macte does not have any control over those non-Macte websites and webpages, and is not responsible for their contents or their use. By linking to a non-Macte website or webpage, Macte does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Macte disclaims any responsibility for any harm resulting from your use of non-Macte websites and webpages.
LIMITATION OF WARRANTIES OF MACTE. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM MACTE'S WEBSITES IS PROVIDED "AS IS," AND MACTE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MACTE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT MACTE'S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH MACTE'S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT MACTE, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF MACTE. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL MACTE, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF MACTE'S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MACTE, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless Macte, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys' fees, arising out of your use of Macte's websites, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.
Digital Millennium Copyright Act Notice
If you believe that content available by means of one of Macte’s websites infringes one or more of your copyrights, please immediately notify Macte by means of a mailed notice ("Infringement Notice") providing the information described below to the address or listed below. If Macte takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Macte. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Macte to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.