Effective Date: September 7, 2023
1. Scope of this Policy
The Site, and the information, writings, files, documents, text, photographs, images, audio, and video which it contains, and any material made available for download on the Site (collectively, the “Content”) are the property of scaleMatters or its licensors, as applicable. All rights not expressly granted herein are reserved to us and our licensors.
2. Use of scaleMatters Content; Security and Restrictions
By accessing the Site, you agree that you will not:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation; or
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so; or
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content in any way; or
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or
- Use the Site in any manner that damages, disables, overburdens, or impairs this or any Website or interferes with any other party’s use of the Site; or
- Engage in any conduct that restricts, inhibits or interferes with anyone’s use or enjoyment of the Site or which, as determined by us, may harm scaleMatters or users of the Site or expose them to liability; or
- Mirror or frame the Site or any part of it on any other web site or web page; or
- Attempt to, or gain unauthorized access to the Site; or
- Access the Site by any means other than through the interface that is provided by scaleMatters for use in accessing the Site; or
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (b) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
3. Copyrights and Trademarks
The Site is based upon proprietary scaleMatters technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of scaleMatters or its licensors (if any). scaleMatters owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. scaleMatters and our logos and other marks used by scaleMatters from time to time are trademarks and the property of scaleMatters. The appearance, layout, color scheme, and design of the scaleMatters.com site are protected trade dress. You do not receive any right or license to use the foregoing. scaleMatters may use and incorporate into the Site or the Services any suggestions or other feedback you provide, without payment or condition.
3.a. Information and Materials You Post or Provide.
4. Reporting Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site, website(s) or the Services should be sent to scaleMatters’ designated Copyright Agent. Below are instructions for the reporting of claims of copyright infringement.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our websites or in our Services infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include the following:
- Your physical or electronic signature; and
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website(s), a representative list of such works; and
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; and
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); and
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Foundry General Counsel, PLLC
Attn: DMCA Agent
907 Shady Drive, SE
Vienna, VA 22180
Your DMCA Notice may be ineffective if you fail to comply with the requirements of Section 512(c)(3) of the DMCA. Please be aware that if you knowingly materially misrepresent that material or activity on our website(s) or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
5. Links to Other Sites
From time-to-time we may provide links to third party websites and services that we think may be of interest to you. scaleMatters makes no representations whatsoever about any other website that you may access through this Site. When you access a non-scaleMatters website, please understand that it is independent from scaleMatters, and that scaleMatters has no control over the content on that website. In addition, a link to a non-scaleMatters website does not mean that scaleMatters endorses or accepts any responsibility for the Content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
6. Limitation of Liability and Disclaimer of Warranties
SCALEMATTERS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EXCEPT AS MAY BE PROVIDED IN THE CLIENT AGREEMENT WITH REGARD TO PRODUCTS AND SERVICES PROVIDED BY SCALEMATTERS, THIS SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, OR PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SCALEMATTERS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. SCALEMATTERS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
8. Governing Law
Acceptable Use. Your use of the Site and Services is subject to the scaleMatters Acceptable Use Policy (available at https://www.scalematters.com/acceptable-use-policy.)
10. Contact Information
12706 Split Creek Ct.
North Potomac, MD 20878