Acceptance of Terms

Logos Three, Inc. and its related companies (collectively, “Logos Three”) make this web site (this “Site”) and the Logos Three FTP Client Site (the “Service”) available subject to the terms and conditions contained herein, including, but not limited to, the Privacy Policy below (collectively, these “Terms”).

BY CLICKING, ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS SITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, Logos Three RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THIS SITE AND SERVICE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED VERSION OF THESE TERMS THAT MAY BE POSTED ON THIS SITE.

Protected Proprietary Rights to Content

The content displayed on this Site, including, but not limited to, text, software, music, sound, moving images, still images, design or graphics (the “Content”), is protected by copyright, trademark, patent and other rights and laws (the “Rights”) and is owned, controlled or licensed by or to Logos Three, Inc., its licensors and/or its clients. You should therefore assume that everything you see, read or hear on this Site is copyrighted, trademarked, patented or otherwise protected unless noted.

You agree that you shall not, except as expressly provided for otherwise herein, copy, distribute, modify, post, reproduce, republish, transmit, use or upload in any way the Content without the prior written permission of Logos Three or, in the case of material owned by its licensors or clients, the prior written permission of the owner of such material. Such prohibited acts include, but are not limited to, modification or use of any of the Content in the creation of derivative works, which include, but are not limited to, desktop themes, fonts, icons, link buttons, products, services, wallpaper, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away). You agree that nothing herein shall be construed as granting to you any interest, license or other right in the Content under any law or theory, whether now known or later developed.

Any unauthorized use of the materials may violate copyright laws, trademark laws, patent laws, the laws of privacy and publicity, and/or communications regulations and statutes. You are hereby advised that Logos Three and its licensors and clients will aggressively enforce their respective Rights to the fullest extent of the law.

Prohibited Conduct

In your use of this Site and the Service, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Service, this Site or any sites linked to this Site; (iii) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including Logos Three, or create or use a false identity; (v) attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this Site or the Service; (viii) use any meta tags or any other “hidden text” utilizing Logos Three’s name, trademarks, or product names; (ix) engage in any activity that interferes with any third party’s ability to use or enjoy the Service; (x) violate any applicable law, rule, or regulation; or (xi) assist any third party in engaging in any activity prohibited by these Terms.

In using the Service, you must also comply with any rules posted on this Site. If you become aware of any conduct that violates these Terms, Logos Three encourages you to report it immediately using the contact information provided below. Logos Three reserves the right, but will have no obligation, to respond to and act on such communications.

Intellectual Property Rights Policy

Logos Three respects the intellectual property rights of others and expects its users to do the same. Logos Three may remove content that appears to infringe the intellectual property rights of others. In addition, Logos Three, in its sole and absolute discretion, may terminate the accounts of users who infringe or violate the intellectual property rights of others

Links to Other Sites

This Site may be linked to third party sites (each such site, a “Link”) that are not under the control of Logos Three. Any Link is, and shall be considered, entirely independent from Logos Three and your visit(s), if any, to any Link shall be at your own risk. You acknowledge and agree that Logos Three: (i) makes no representations whatsoever about any Link; (ii) does not endorse or recommend any Link; (iii) provides no warranty, express or implied, with regard to the information, material, products or services that are contained in, advertised on or accessible through any Link; and (iv) shall not be responsible or liable for any loss or damage of any sort incurred as the result of using any third party site.

Notice and Disclaimer of Warranty

Your accessing, using and browsing this Site shall be at your own risk. Logos Three neither warrants nor represents that the Content displayed on this Site does not infringe rights of third parties not owned by or affiliated with Logos Three. Furthermore, Logos Three makes no warranties or representations as to the accuracy of the Content and assumes no liability or responsibility for any errors, inaccuracies or omissions in the Content. The Content may be out of date, and Logos Three makes no commitment to update the Content. Logos Three assumes no responsibility, and shall not be liable for, any damage (including, but not limited to, damage arising from computer viruses or similar software code) to your computer equipment or other property that results from your accessing, using or browsing this Site or your downloading of or request for any materials, data, text, images, video or audio from this Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” and “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND Logos Three DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THIS SITE AND THE SERVICE WILL BE VIRUS-FREE, REGARDLESS OF WHETHER Logos Three KNOWS OR HAS REASON TO KNOW OF YOUR PARTICULAR NEEDS.

Limitation of Liability

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL Logos Three OR ITS RELATED COMPANIES OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF PROFITS) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, REGARDLESS OF WHETHER Logos Three HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Logos Three’s TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS SITE WILL NOT EXCEED $1 USD.

Indemnity

You agree to indemnify and hold Logos Three and its related companies, and their respective parents, subsidiaries, affiliates, partners, employees, officers, directors, shareholders, agents or other representatives (collectively, the “Indemnified Parties”), harmless from any claims, demands, losses, judgments, settlements, costs and expenses (including but not limited to, attorneys’ fees), related to or arising out of content you submit, post to or transmit through this Site (including, but not limited to, any computer viruses), your use of this Site, your connection to this Site, your failure to abide by these Terms or your violation of any rights of another person or entity. Logos Three reserves the right to assume, at its sole and absolute discretion, the exclusive defense and control of any matter subject to indemnification by you, and in such case, in addition to the above, you agree to cooperate with Logos Three’s defense of such claim.

Global Access/Jurisdiction

This Site is owned and operated by Logos Three from its offices within the State of Kentucky, in the United States of America. Logos Three makes no representation that materials on this Site are appropriate or available for use in all locations, domestic or foreign. Access to this Site from your location is done on your own initiative and at your own risk and you agree to abide by all applicable international, national, state, regional and local laws.

This agreement shall be governed by, and construed in accordance with, the laws of the State of Kentucky, excluding conflict of law provisions.

Termination

Logos Three will have the right to terminate your account or your access to this Site or the Service if: (i) it believes you have breached any of the terms and conditions of these Terms or any other agreement with Logos Three; (ii) Logos Three discontinues this Site or the Service; or (iii) any other reason provided in these Terms. You may terminate your account for any reason at any time by providing written notice to Logos Three of your intention to do so.

If your account is terminated, Logos Three may delete any web sites, files, graphics or other content or materials relating to your use of this Site or the Service on Logos Three’s servers or otherwise in its possession, custody or control and Logos Three will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use this Site or the Service. If your account or your access to this Site or the Service is terminated, Logos Three reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to this Site or the Service, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms will survive indefinitely unless and until Logos Three chooses to terminate them, regardless of whether any account you have is terminated by you or Logos Three or if you have the right to access or use this Site or the Service.

Entire Agreement

This is the entire agreement between Logos Three and you relating to the matters contained herein and cannot be modified by you except in a writing that is countersigned by Logos Three.

If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Logos Three may modify these Terms without prior notice. You are bound by any such modifications and should therefore check to see whether these Terms have been modified (see “Last modified” date below) each time you use this Site or the Service. Logos Three may, in its sole and absolute discretion, terminate or modify this Site or the Service at any time, and there is no guarantee that you will have access to this Site or the Service at any time. Logos Three shall have no liability to you or any third party in the event your access to this Site, this Site itself or the Service, is terminated for any reason.

Last modified December 1st, 2010 Copyright © 2010 Logos Three, Inc.
All Rights Reserved. Do not duplicate or redistribute in any form.