Tarmin Site Terms

Details: Written by Super User; Category: Horizontal Menu; Published: 11 December 2020; Hits: 454

Updated September 10, 2020

Welcome to the Tarmin site (the “Tarmin Site”). Tarmin, Inc. and/or its affiliates provides the Tarmin Site to the Customer subject to the following terms of use (“Site Terms”). By visiting the Tarmin Site, the Customer accepts the Site Terms. Please read them carefully. In addition, when the Customer uses any current or future Tarmin services, content or other materials, the Customer will be subject to the Tarmin Master Services Agreement or other agreement governing the Customer’s use of Tarmin services (the “Agreement”).

Privacy

Please review Tarmin’s Privacy Policy, which also governs the customer’s visit to the Tarmin Site, to understand our practices.

Electronic Communications

When the Customer visits the Tarmin Site or sends e-mails to us, the customer is communicating with Tarmin electronically. The Customer consents to receive communications from Tarmin electronically. Tarmin will communicate with the Customer by e-mail or by posting notices on the Tarmin Site. The Customer agrees that all agreements, notices, disclosures and other communications that Tarmin provides to the Customer electronically satisfies any legal requirement that such communications be in writing.

Copyright

All content included on the Tarmin Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tarmin or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Tarmin Site is the exclusive property of Tarmin and protected by U.S. and international copyright laws. All software used on the Tarmin Site is the property of Tarmin or its software suppliers and protected by United States and international copyright laws.

Trademarks

“Tarmin”, “GridBank”, “Where Data Defines Value.”, “Store. Control. Understand.”, “Three Pillars of GridBank”, “GridBank Data Management Platform”, “CloudBank”, “NOADS”, “ObjectStreaming”, “ObjectRaid”, “Optimize, manage, secure”, “GridSynch”, “Appfrastructure”, “Protecting your business”, “Unlocking the cloud promise”, “Hybrid Storage Solutions for On-Premise and in the Cloud”, “GridBank Archiver” and other Tarmin graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Tarmin in the U.S. and/or other countries. Tarmin’s trademarks and trade dress may not be used in connection with any product or service that is not Tarmin’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tarmin. All other trademarks not owned by Tarmin that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tarmin.

Patents

One or more patents owned by Tarmin, Inc. or its affiliates may apply to the Tarmin Site and to the features and services accessible via the Tarmin Site. Portions of the Tarmin Site may operate under license of one or more patents.

License and Site Access

Tarmin grants the Customer a limited license to access and make personal use of the Tarmin Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tarmin. This license does not include any resale or commercial use of the Tarmin Site or its contents; any derivative use of the Tarmin Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Tarmin in a separate license, the Customer’s right to use any software, data, documentation or other materials that the Customer accesses or downloads through the Tarmin Site is subject to these Site Terms or, if the Customer has a Tarmin account, the Agreement.

The Tarmin Site or any portion of the Tarmin Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tarmin. The Customer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tarmin without express written consent. The Customer may not use any meta tags or any other “hidden text” utilizing Tarmin’s name or trademarks without the express written consent of Tarmin. Any unauthorized use terminates the permission or license granted by Tarmin. The Customer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Tarmin Site, so long as the link does not portray Tarmin, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. The Customer may not use any Tarmin logo or other proprietary graphic or trademark as part of the link without express written permission.

The Customer’s Account

If the Customer uses the Tarmin Site, the Customer is responsible for maintaining the confidentiality of their account and password and for restricting access to the Customers computer, and the Customer agrees to accept responsibility for all activities that occur under the Customer’s account or password. Tarmin reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” The Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tarmin reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If the Customer does post content or submit material, and unless we indicate otherwise, the Customer grants Tarmin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The Customer grants Tarmin and sublicensees the right to use the name that the Customer submitted in connection with such content, if the Customer chooses.

The Customer and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Tarmin Site. The Customer acknowledges that (a) Tarmin has not tested or screened Third Party Content, (b) the Customer uses any Third Party Content at their sole risk, and (c.) Third Party Content may be subject to separate license terms as determined by the person posting such content.

The Customer represents and warrants that they own or otherwise control all of the rights to the content, including any Third Party Content, that the Customer posts; that the content is accurate; that use of the content the Customer supplies does not violate this policy and will not cause injury to any person or entity; and that the Customer will indemnify Tarmin for all claims resulting from content the Customer supplies. Tarmin has the right but not the obligation to monitor and edit or remove any activity or content. Tarmin takes no responsibility and assumes no liability for any content posted by the Customer or any third party.

Copyright Complaints

Tarmin respects the intellectual property of others. If the Customer believes that their work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Disclaimer of Warranties and Limitations of Liability

THE TARMIN SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THIS SITE ARE PROVIDED BY TARMIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. TARMIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE TARMIN SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. THE CUSTOMER EXPRESSLY AGREES THAT THEIR USE OF THIS SITE IS AT THEIR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TARMIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TARMIN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE TARMIN SITE; ITS SERVERS; OR E-MAIL SENT FROM TARMIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TARMIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE TARMIN SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE TARMIN SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE CUSTOMER, AND THEY MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the Tarmin Site, the Customer agrees that the laws of the state of New York (USA), without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between the Customer and Tarmin.

Disputes

Any dispute relating in any way to the Customer’s visit to the Tarmin Site or to services provided by Tarmin or through the Tarmin Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court, and the Customer consents to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review Tarmin’s other policies on the Tarmin Site. These policies also govern the Customer’s visit to the Tarmin Site. Tarmin reserves the right to make changes to the Tarmin Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Notice and Procedure for Making Claims of Copyright Infringement

If the Customer believes that their work has been copied in a way that constitutes copyright infringement, please provide Tarmin’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Tarmin that the Customer’s copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that the Customer claims has been infringed upon;
A description of where the material that the Customer claims is infringing is located on the Site;
The Customer’s address, telephone number, and e-mail address;
A statement by the Customer in good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by the Customer, made under penalty of perjury, that the above information in the notice is accurate and that the Customer is the copyright owner or authorized to act on the copyright owner’s behalf.