The following terms of use (the "
Terms of Use") govern your access and use of the OCAP/EBIF Developer Network website located at www.oedn.net (the “
Site”), a community site owned by Time Warner Cable LLC (“TWC”), and managed on TWC’s behalf by Cognisync, Inc. (“
Cognisync”). BY ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE AND ANY OTHER TERMS PRESENTED ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE. TWC MAY AMEND THESE TERMS OF USE AT ANY TIME AND FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST TERMS OF USE WILL BE POSTED ON THE SITE. ANY CHANGES TO THESE TERMS OF USE SHALL BE EFFECTIVE IMMEDIATELY FOLLOWING THE POSTING OF SUCH CHANGES. YOU AGREE TO REVIEW THESE TERMS OF USE FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE SITE FOLLOWING CHANGES TO THE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES.
1. Ownership and Copyright Agent. Unless otherwise noted, all text, content, and documents on the Site (the "
Documents"), and the organization, design, compilation, look and feel, graphics, illustrations, artwork, video, music, images, software or other works or materials of the Site (collectively, with the Documents, hereinafter referred to as the "
Materials") are owned or licensed by TWC and/or a third party or third parties (hereinafter collectively referred to as the "
Copyright Holders") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between TWC and you, all right, title and interest in and to the Materials will at all times remain with the TWC and/or its Copyright Holders. TWC respects the rights of all intellectual property owners and in this regard, it has adopted and implemented a policy that provides for the suspension and/or termination in appropriate circumstances of users who infringe the rights of others. If you believe that your work has been used in a way that constitutes copyright or other rights infringement, please provide TWC's Copyright Agent for the Site with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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 us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. 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
f. 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.
TWC's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Copyright Agent
Attn: Andrew Kelly
Cognisync, Inc.
Email:
arkelly@cognisync.com
2. Limited Use; Restrictions on Use. The viewing, printing, or downloading of any Materials from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any other use of the Materials without TWC’s prior written consent is expressly prohibited. You do not acquire ownership rights to any Materials viewed or accessed through the Site and TWC’s posting of any Materials on the Site does not constitute a waiver of any right in such Materials. You shall not alter or remove any copyright notice, proprietary legends or any other notice included in any Materials on the Site. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under TWC’s and/or its Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved. Notwithstanding anything herein to the contrary, TWC MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE.
3. Online Privacy Policy. The Site’s Online
Privacy Policy is incorporated herein by reference and forms a part of these Terms of Use and describes the collection, use, and sharing of personally identifiable and other information that may be provided in connection with the use of the Site, which you should read carefully before accessing or using the Site.
4. Disclaimers and Limitation on Liability.
a. DISCLAIMER OF WARRANTIES. THE CONTENTS OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND TWC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS CONTENTS. TWC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THE SITE AND ANY SERVICES OR THE MATERIALS ACCESSIBLE THEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TWC HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWC, ITS EMPLOYEES, AGENTS, SUPPLIERS, LICENSOR(S) OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION 4.
b. ADDITIONAL DISCLAIMERS. TWC DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE MATERIALS OR ANY INFORMATION OR SERVICES PROVIDED OR ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT AND TWC DOES NOT WARRANT THAT YOUR USE OF THE SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE UNINTERRUPTED, VIRUS OR ERROR-FREE, OR COMPLETELY SECURE. THE SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. TWC RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE CONTENT OR MATERIALS WITHIN THE SITE OR ANY PART THEREOF WITHOUT NOTICE.
c. LIMITATION ON LIABILITY. Your use of and/or reliance on the Site and any information therein is at your own risk. NEITHER TWC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY INFORMATION, DOCUMENTS, MATERIALS, PRODUCTS OR SERVICES CONTAINED THEREIN, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TWC AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND ANY INFORMATION AVAILABLE THEREON. WITHOUT LIMITING THE FOREGOING, TWC SHALL HAVE NO LIABILITY (i) FOR ANY INACCESSIBILITY OF, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITE, THE MATERIALS OR ANY INFORMATION OR SERVICES THEREUNDER, OR (ii) WITH RESPECT TO ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ON OR THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE INFORMATION OR SERVICES ACCESSIBLE THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE, THE MATERIALS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF TWC SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
5. Community Guidelines. The Site may include bulletin boards, chat rooms and other community forums which allow you and other users and members to post information, provide feedback to TWC and its affiliates, and interact in real-time. In connection with such services, you agree not to use the Site for any unlawful purpose. You agree not to post on or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Although TWC may from time to time review discussions, chats, postings, transmissions, bulletin boards and other community forums on the Site, TWC is under no obligation to do so. You acknowledge that TWC shall have no obligation to monitor or control, and shall have no liability for, any information available on the bulletin boards, chat rooms and community forums on the Site and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other community forums on the Site are those of their respective authors who are solely responsible and liable for their content. TWC reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other community forums on the Site. You also understand that any communications on or through the Site are public, not private, communications. The foregoing reservation of rights and disclaimers shall also apply with respect to works or materials otherwise submitted to TWC (i.e., in addition to or apart from any chat rooms, bulletin boards or other community forums on the Site) and/or posted on the Site.
6. User Input/Submissions. While we appreciate your interest in TWC and the Site, we do not want and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by you to TWC, or otherwise in connection with the Site (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and TWC shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed and delivered by you and a duly authorized officer of TWC. You hereby grant to TWC and its licensees a worldwide, perpetual, non-exclusive, fully-paid up, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. TWC shall have no obligation to compensate you for any such Submissions in any manner. You hereby represent and warrant that (a) you own or otherwise have the right to grant the foregoing license to TWC with respect to your Submissions; (b) your Submissions and any use thereof by TWC will not infringe or violate the rights of any third party (including any intellectual property or privacy rights); and (c) your Submissions will not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You are and shall remain solely responsible for the content of any Submissions you make and acknowledge that TWC is under no obligation to respond to or use any Submission you may provide.
7. Linking to the Site; Third Party Sites.
a. Notwithstanding anything herein to the contrary, you agree not to frame the Site. However, TWC does not prohibit linking to posts or articles on the Site, and thus TWC grants to you a limited, revocable, non-exclusive, non-transferable license to link to the specific posts or articles on the Site, or to the home page of the Site.
b. Any other web sites that are accessible via any link on the Site are not under the control of TWC. TWC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. TWC provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply TWC’s endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
c. You are solely responsible for any dealings with third parties (including advertisers) listed in or accessible via the Site, including the delivery of and payment for goods and services.
8. Export Restrictions. You acknowledge and agree that the Materials may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product or service accessed or used via the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
9. References to Products or Services. Information published by TWC on the Site may contain references or cross references to products or services that are not announced or available in your country. Such references do not imply that TWC or any of its affiliates or advertisers intends to announce such products or services in your country. TWC makes no representation that the Site and/or any Materials herein are appropriate or available for use in other locations. If you access the Site from outside the United States, be advised the Site may contain references to products and services that are not available or are prohibited in your country. TWC makes no representation or warranty that the Site is appropriate or available for use in locations outside the United States.
10. Governing Law; Venue for any Proceedings. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of New York. You hereby submit to the jurisdiction of the state and federal courts located in New York, New York and agree that such courts shall be the exclusive forum for the resolution of any disputes related to, arising out of, or arising under this Terms of Use or the Site, whether based in tort, contract, or other legal theory and waive any objection thereto based on inconvenient forum. YOU HEREBY AGREE TO WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY TWC OR A COPYRIGHT HOLDER AGAINST YOU ON ANY MATTER WHATSOEVER ARISING OR THE SITE.
11. Complete Agreement; Changes to the Terms of Use. These Terms of Use and the documents referenced herein contains the complete agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior agreements or understandings, written or oral. TWC shall have the right to revise and modify these Terms of Use at any time by posting the revised Terms of Use on the Site. Any use of the Site by you after such posting shall be deemed to constitute your acceptance of the revised Terms of Use.
12. Trademarks. All products, company names or other trademarks or service marks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Site without prior written permission of TWC or the respective owners.
13. Indemnification. You agree to defend, indemnify, and hold harmless TWC, Cognisync, and its and their officers, directors, employees, members, contractors, agents, representatives, and affiliates from and against any claims, actions, demands, liabilities, damages and expenses, including without limitation, reasonable attorney’s fees and costs of investigation, arising out of or in connection with (a) your violation of any term of these Terms of Use, (b) your use or misuse of the Site or other act or omission by you, or (c) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your Submissions and/or use of the Site. TWC reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind TWC without TWC’s prior written consent, not to be unreasonably withheld or delayed. TWC shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.
14. Termination. TWC may terminate access to the Site at any time. Upon termination, you agree to cease all use of the Site. Without limiting the foregoing, TWC shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you, or through your account, which TWC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 4, 6, 9, 10, 13 and 14 shall survive and continue in force and effect, in addition to any other provision of these Terms of Use that by its nature is intended to survive.
15. Miscellaneous. TWC’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in 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. The Site and its contents are not directed at children under the age of 13. All use of the Site by children under the age of 13 should be supervised by an adult, and no children under the age of 13 should submit any personal information. TWC asks that parents supervise their children while online.
16. Questions. Please email us at
admin@oedn.net with any questions you have about these Terms of Use, including our online
Privacy Policy.
community