NOTIFICATIONS AND OTHER SERVICE COMMUNICATIONS
For purposes of our communicating with you regarding the ObjectRocket Site, notice shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your ObjectRocket Site account or through other means including email, cellular telephone, telephone, or delivery services, including the U.S. Postal Service. In addition to the foregoing, we may notify you via postings on the ObjectRocket Site. You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the ObjectRocket Site.
OBJECTROCKET INTELLECTUAL PROPERTY
All of the content included on the ObjectRocket Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ObjectRocket or its content suppliers and protected by United States and international copyright laws. The ObjectRocket Site images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the ObjectRocket Site, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the ObjectRocket Site are the property of their respective owners.
YOUR RIGHT TO USE THE OBJECT ROCKET SITE
If you use the ObjectRocket Site, you are responsible for maintaining the confidentiality of your ObjectRocket account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ObjectRocket reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
YOUR LICENSE TO US
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE OBJECTROCKET SITE AND THE INTERNET GENERALLY. THE OBJECTROCKET SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OBJECTROCKET ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, OBJECTROCKET DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE OBJECTROCKET SITE OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF THE OBJECTROCKET SITE, (2) THE QUALITY AND SECURITY OF THE OBJECTROCKET SITE, OR (3) THE INABILITY TO ACCESS THE OBJECTROCKET SITE OR ITS CONTENT, INCLUDING WHETHER THE OBJECTROCKET SITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE OBJECTROCKET SITE. WHEN USING THE OBJECTROCKET SITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE OBJECTROCKET SITE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE OBJECTROCKET SITE. ANY MATERIAL DESCRIBED OR USED ON THE OBJECTROCKET SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE OBJECTROCKET SITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE OBJECTROCKET SITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
JURISDICTION AND CHOICE OF LAW
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (1) you will submit to the jurisdiction of the federal and state courts of the state of Texas, and (2) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
We are based in Austin, Texas in the United States of America. We make no representation that the ObjectRocket Site is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the ObjectRocket Site is prohibited from jurisdictions where the ObjectRocket Site, or its content, is illegal. Those who choose to access the ObjectRocket Site do so on their own initiative and are responsible for compliance with applicable laws. If you access the ObjectRocket Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
From time to time we will change, or make improvements to, the ObjectRocket Site. Such changes and/or improvements shall be made without prior notice to you. We may provide you notice of such change on the ObjectRocket Site itself or in e-mails we send to you.
PO Box 812771
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ObjectRocket that your copyrighted material has been infringed.
ObjectRocket’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/ObjectRocket Inc.
PO Box 812771
Attention: Chris Lalonde