Last updated: May 6, 2010

Tactus Technology, Inc. (“Tactus”) makes this website and the content, information, products, and services available on this website (together, the “Materials”) subject to acceptance of and compliance with the notices, terms and conditions set forth in these Terms of Use and elsewhere on this website (including but not limited to those in the Privacy Policy). This website (“Site”) and the Materials offered by Tactus are available only to users eighteen (18) and over in the United States who can form legally binding contracts. The terms “you,” “your,” and “yours” refer to the visitors of our Site, such as users, customers, and developers. The terms “Tactus,” “we,” “us,” and “our” refer to Tactus and its subsidiaries and affiliates. We may periodically make changes to these Terms of Use. It is your responsibility to review these Terms of Use frequently and remain informed about any changes to it, so we encourage you to visit this page often.

Please read these Terms of Use carefully. Any use by you of the Site or Materials constitutes your acceptance without modification of these Terms of Use and any incorporated notices, terms and conditions.

Use of the Site and Materials. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Tactus does not control the Content posted on the Site by users and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You are responsible for complying with all applicable federal and state laws applicable to Content available on and through this Site, including copyright laws. Furthermore, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update such registration data, and any information you provide to Tactus, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and registration data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site.

Copyrights. This Site and all Materials contained herein are the copyrighted property of Tactus and/or third party licensors and suppliers. All Tactus website design, text, graphics (including button icons and images, but excluding those graphics to which third parties retain copyright ownership), the selection and arrangement thereof, and all Tactus software are Copyright © 2003 Tactus Technology All rights reserved.

Copyright Infringement Claims. Tactus has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tactus’ Copyright Agent the following information required under 17 U.S.C. § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tactus to locate the material;
  4. Information reasonably sufficient to permit Tactus to contact the complaining party, such as an e-mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Tactus’ Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached here.

Trademarks. Trademarks owned by Tactus, “Tactus”, “A New Dimension of Touch”, “Tactile Layer”, the Tactus logo, and all other trademarks, service marks, and trade names of Tactus appearing on this Site or any Materials are owned by Tactus Technology Tactus’ trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not Tactus’, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Tactus. All other trademarks, product or service names, brand names, company names and/or logos appearing on this Site are the property of their respective owners.

Privacy Policy. Please read the Privacy Policy for disclosures relating to the collection and use of your personal information.

Third Party Links. The Site or Materials may contain, or users may include in information or materials they provide or post, links to other websites or resources. You acknowledge and agree that Tactus is not responsible or liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Site or Materials does not imply that we endorse the linked website or resources. You use the links at your own risk.

Comments. We welcome your comments and suggestions regarding the Site and Materials. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) provided by you to Tactus shall be and remain the exclusive property of Tactus. Your submission of any such Comments shall constitute an assignment to Tactus of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Tactus will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Tactus expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Termination. Tactus reserve the right to refuse service and to terminate memberships, passwords or accounts, for any or no reason, in Tactus’ sole discretion, including, but not limited to, if Tactus believes that any user’s conduct violates applicable law or is harmful to the interests of Tactus, its affiliates, or other users, or for any other reason in Tactus’ sole discretion, with or without cause.

Unauthorized Activity. Tactus expressly prohibits the collection, mining or harvesting of user data and the use of unauthorized automatic or manual devices on the Tactus Site or any Materials. Without limiting the foregoing, no spiders, robots, aggregators, software or other devises now known or hereafter devised are allowed on this Site or any Materials. You agree that you shall not take any action that imposes an unreasonable or disproportionately large load on the Site or any Materials. You agree that you shall not use any devise to copy, gather or aggregate information from, reproduce, alter, modify, create derivative works of, or publicly display Tactus web pages or content without Tactus express written authorization. Without limiting its other rights under these Terms of Use, Tactus reserves the right to block the robot, aggregator or other unauthorized device and to block or terminate your Tactus password or account in the event of any unauthorized activity.

Disclaimer. INFORMATION ON THIS SITE AND THE MATERIALS ARE PROVIDED BY Tactus “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Tactus MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE MATERIALS, OR ANY OTHER INFORMATION OR PRODUCTS INCLUDED OR REFERENCED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Tactus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply in its entirety to you. Tactus SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS SITE OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROGRAM OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Tactus IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages, so the foregoing exclusion may not apply in its entirety to you.

Indemnity. YOU AGREE TO INDEMNIFY AND HOLD Tactus AND ITS SUPPLIERS HARMLESS FROM ANY DAMAGES, LOSSES, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE CONTENT OR ANY MATERIALS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SITE OR ANY OF THE MATERIALS (INCLUDING ANY CLAIMS THAT MATTER YOU POST OR MAKE AVAILABLE THROUGH THE SITE IS OBSCENE, DEFAMING OR INFRINGING), YOUR USE OF THE MATERIALS, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE OR THE DOCUMENTS INCORPORATED BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANOTHER.

Enforceable Agreement and Electronic Communications. You acknowledge and agree that these Terms of Use are binding upon you. You agree that Tactus and you shall use electronic communications (email and Site postings) to communicate regarding the Site or the Materials, your authorization for any payments you make, and these Terms of Use generally. You further acknowledge and agree that these Terms of Use constitute the entire understanding between you and Tactus and that they supersede any written or oral discussions or agreements between you and Tactus. You agree and consent that a printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, and the remaining portions shall remain in full force and effect.

Use in the United States. This Site is created and controlled by Tactus (or its suppliers) from offices within the State of California of the United States of America and the Site and Materials are intended for use solely by persons within the United States. Tactus makes no representation that the Site or any Materials or materials therein are appropriate or available for use in other locations, and access to them from any locations where their content or use is illegal is prohibited.

Applicable Laws. These Terms of Use and any and all claims relating hereto shall be construed in accordance with and governed by the laws of the State of California, U.S.A. without regard to or application of choice of laws rules or principles. Except for disputes as to end user violation of these Terms of Use or as expressly provided otherwise on this Site, all disputes arising out of or relating to these Terms of Use or their interpretation shall be finally settled by binding arbitration in Santa Clara County pursuant to the Commercial Arbitration rules of the American Arbitration Association by one arbitrator. All arbitrators will have knowledge of and experience regarding the computer industry and the Internet. Requests for equitable relief shall be first submitted to the arbitrator. Any arbitration award may be enforced in any court of competent jurisdiction. You hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County of the State of California.

General. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. No delay or failure to take action will constitute a waiver by Tactus unless expressly waived in writing by a duly authorized officer of Tactus. These Terms of Use shall bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer these Terms of Use, in whole or in part, without Tactus’ prior written consent. Any purported assignment or transfer by you shall be voidable by Tactus. Tactus reserves all rights not expressly granted.

Legal Notices. Any legal notices in connection with these Terms of Use shall be sent in writing, by registered or certified mail, return receipt requested and deemed duly given when mailed, if sent as above. All legal notices to Tactus must be sent to Tactus Technology, Inc.