Responsibility of Contributors.
If you put material on the Website or in SID publications, or
otherwise make (or allow any third party to make) material available by means of the publications and/or Website (any such
material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or
destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or display
industry unrelated commercial content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead
recipients as to the source of the material (such as spoofing);and
the Content is not pornographic, does not contain threats or incite violence towards individuals or
entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to SID, you grant SID a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content. Also,
any information provided through the website can be used by both SID and Display Week or other SID-sponsored events. If you delete Content, SID
will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SID has the right (though not the
obligation) to, in SID’s sole discretion (i) refuse or remove any content that, in SID’s reasonable
opinion, violates any SID policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website or publications to any individual or entity for any reason, in SID’s sole discretion.
SID will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors.
SID has not reviewed, and cannot review, all of the material, including computer software, linked to from the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SID does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non- harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SID disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which sid.org links, and that link to sid.org. SID does not have any control over those non-SID websites and webpages, and is not responsible for their contents or their use. By linking to a non-SID website or webpage, SID 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. SID disclaims any responsibility for any harm resulting from your use of non-SID websites and webpages.
Intellectual Property.
This Agreement does not transfer from SID to you any SID or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SID. SID, sid.org, the SID logo, and all other trademarks, service marks, graphics and logos used in connection with sid.org, or the Website are trademarks or registered trademarks of SID or other entities. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SID or third-party trademarks. Your use of the website gives you no right to use our member lists for any commercial purpose, and you agree to not use our member search function for sales or marketing purposes. SID reserves the right to terminate access to anyone violating this clause. SID's intellectual property including proceeding and patent information is free for member use in technical applications, but requires a fee if used for legal purposes.
Changes.
SID reserves the right, at its sole discretion, to modify or replace any part of this Agreement as well as our privacy policy. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SID may also, in the future, offer new services and/or products through the Website. Such new products and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
SID may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your sid.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. SID and its suppliers and affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SID nor its suppliers and affiliates, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will SID, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts whatsoever. SID shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the SID Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless SID, its contractors, and its affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between SID and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SID, or by the posting by SID of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Jose, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Jose, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SID may assign its rights under this Agreement without condition.