Pine Microsystems Inc. offers access to a variety of resources on the Internet, including websites and Internet applications such as this support site – (collectively “Services”). The Services, including any enhancements, updates, and the addition of any new websites or applications, are subject to the following terms and conditions (the “TOU”). By registering and/or using the Services, you accept and agree to be bound by the TOU. Nothing in the TOU should be construed to confer any rights to third party beneficiaries. The TOU of these Services are subject to update by Pine Microsystems Inc. at any time with or without notice and can be viewed on this page. Pine Microsystems Inc. may provide you with notices regarding the Services or these TOU by email or postings to this Web site.
You may not use the Services unless you accept the TOU. You accept the TOU by clicking to agree to the terms and conditions during registration, or by using the Services. When you register for the Services, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to provide an email address (or select a username) and provide a password and you will be responsible for all activities occurring under your email address (or username) and for keeping your password secure. To comply with the Children’s Online Privacy Protection Act, at this time Pine Microsystems Inc. is only available to users who are at least 13 years old. If you are under 13, you may not register to use the Services.
Services Content and Information
Use of Materials: The content within the Services is protected by copyright and other laws in both the United States and elsewhere. The Services includes both content owned or controlled by Pine Microsystems Inc. as well as content owned or controlled by third parties and licensed to Pine Microsystems Inc. (collectively, the “Materials”). Pine Microsystems Inc. authorizes you to download and view a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or display, reproduce, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Pine Microsystems Inc..
Your Responsibilities. You understand that all information, data, text, links and other content (collectively, “Content”), is the sole responsibility of the person from which such Content originated. This means that you, and not Pine Microsystems Inc., are entirely responsible for all Content that you post, upload, publish, distribute, disseminate or otherwise transmit (collectively, “Post”) via the Services. You understand that by using the Services, you may be exposed to Content that is indecent, offensive or objectionable. Under no circumstances will Pine Microsystems Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Pine Microsystems Inc. Rights. You acknowledge that Pine Microsystems Inc. does not pre-screen, control, edit or endorse Content made available through the Services and has no obligation to monitor the Content Posted via the Services. If Pine Microsystems Inc. discovers Content that does not appear to conform to the TOU, Pine Microsystems Inc. may investigate and determine in good faith and in its sole discretion whether to remove the Content. Pine Microsystems Inc. will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that certain Groups available through the Services are available only through the Services and others are available both through the Services and other sources, such as Usenet, over which Pine Microsystems Inc. has absolutely no control.
You agree that you are responsible for your own conduct and communications while using the Services and for any consequences thereof. You agree to use the Services only to Post material that is legal and proper. By way of example, and not as a limitation, you agree that when using the Services, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) post any inappropriate, defamatory, infringing, obscene, or unlawful Content; (c) post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to Post such Content; (d) post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements. (e) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted; (f) restrict or inhibit any other user from using and enjoying the Services; (g) use the Services for any illegal or unauthorized purpose; (h) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; (i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose; (k) submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Pine Microsystems Inc.; (l) create user accounts by automated means or under false or fraudulent pretences; (m) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or (n) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. While Pine Microsystems Inc. prohibits such conduct and Content in connection with the Services, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Services at your own risk. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that Pine Microsystems Inc. has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Services. You acknowledge that Pine Microsystems Inc. has set no fixed upper limit on the number of Postings or the amount of storage space used with the Services; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Pine Microsystems Inc. Rights. Pine Microsystems Inc. and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Pine Microsystems Inc., you may not modify, copy, publish, transmit, distribute, perform, display or sell any of Pine Microsystems Inc. proprietary information. “Pine Microsystems Inc.”, the “Pine64” name are trademarks of Thye Liang Lim.
Your Rights. Pine Microsystems Inc. claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Services, you grant Pine Microsystems Inc. a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting the Services or any other Pine Microsystems Inc. Services. This license terminates when such Content is deleted from the Services. Pine Microsystems Inc. reserves the right to syndicate Content submitted, Posted or displayed by you on or through the Services and use that Content in connection with other services offered by Pine Microsystems Inc..
Disclaimer of Warranties
Pine Microsystems Inc. and its affiliates, licensors, partners, suppliers, consultants and agents (“Pine Microsystems Inc. Entities”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Services. The Pine Microsystems Inc. Entities disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Services. Without limiting the foregoing, under no circumstances shall Pine Microsystems Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
THE SERVICES, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS AND SERVICESS INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE PINE MICROSYSTEMS INC. ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify Pine Microsystems Inc. from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Pine Microsystems Inc. will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PINE MICROSYSTEMS INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES, WHETHER OR NOT Pine Microsystems Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
UNDER NO CIRCUMSTANCES SHALL Pine Microsystems Inc. BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID FOR THE SERVICES.
Term and Termination
These TOU will apply to your use of the Services. You may terminate your use of the Services immediately at any time, for any reason, by contacting customer support. We may terminate your use of the Services immediately at any time, for any reason, and at such time you will have no right to use the Services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
These TOU will be governed by the laws of California. Either party bringing a legal action or proceeding against the other arising out of or relating to this TOU may bring such action or proceeding to California Authority. Any final award rendered against either party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
These TOU constitute the entire agreement between you and Pine Microsystems Inc. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU by a party will be effective only if in writing and signed by a party.