TERMINOLOGY. SaaSMaker™ is comprised of the SaaSMaker PLATFORM™, SaaSMaker DEVELOPER™, SaaSMaker API™, SaaSMaker GIZMOS™, related services, documents, and all other resources hosted on SaaSMaker.com (or any other server or Web domain that mirrors or hosts derivatives of SaaSMaker.com).
The SaaSMaker PLATFORM is a Web-based Platform as a Service (PaaS) which serves as the underlying software infrastructure for managing and delivering SaaSMaker APPS™ to end users;
SaaSMaker APPS are custom Web-based apps created by you using the SaaSMaker DEVELOPER. Such apps are published and served up by the SaaSMaker PLATFORM to end users at a designated subdomain;
SaaSMaker DEVELOPER consists of development utilities for creating SaaSMaker APPS and an API for creating SaaSMaker GIZMOS that serve as plug-ins to the platform.
As a user of SaaSMaker, you agree to:
APPLIES TO ANY PAID SERVICES
GENERAL INTELLECTUAL PROPERTY. Virtual Global is the sole owner of all rights, title, and interest in SaaSMaker including without limitation all technologies, collateral materials, related intellectual property, copyrights, know-how, trade secrets, patents and other proprietary rights, and all proprietary, trademark or copyright markings thereon throughout the world. Virtual Global also owns any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to SaaSMaker. This Agreement is not a sale and does not convey to you any rights of ownership in or related to SaaSMaker, Virtual Global, or the Intellectual Property Rights owned by Virtual Global. The Virtual Global name, the Virtual Global logo, and the product names associated with the service are trademarks of Virtual Global or third parties, and no right or license is granted to use them.
NO COPYING . You may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS . You agree that you are solely responsible for the content of all visual, written or audible communications sent by you using any SaaSMaker software or service. You agree that you will not use any SaaSMaker software or service to send unsolicited commercial email outside your company or organization in violation of applicable law. You further agree not to use any SaaSMaker software or service to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. This includes infringement against copyright, trademark, privacy, publicity or other personal or proprietary rights.
Although neither Virtual Global nor its contractors are responsible for any such communications, Virtual Global may delete any such communications of which it becomes aware, at any time and without notice to you.
EXPORT CONTROL REGULATIONS. You acknowledge and agree that neither SaaSMaker™ nor underlying information or technology may be accessed from, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Libya, the countries of the former Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You further represent and warrants that neither you nor your company are located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. You must bear the risk of any liability relating to your use of our system. YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
INDEMNITY. You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
DISCLAIMERS OF WARRANTY. THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
CHOICE OF LAW. You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of West Virginia, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of West Virginia. In addition, you agree to submit to the jurisdiction of the courts of the State of West Virginia, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of West Virginia.
FORCE MAJEURE. Neither party shall be considered in default under any provision of this Agreement by reason of any delay or failure in its performance of its obligations hereunder if such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God or the public enemy; riots or insurrections; war; accidents; fire; strikes; and other labor difficulties (whether or not the party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components, or machinery; and acts of civil or military authorities. The time for any performance required hereunder shall be extended by the delay incurred as a result of the events described above.
SEVERABILITY. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be construed so as to render it enforceable and effective to the maximum extent possible in order to effectuate the intention of this Agreement; and the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.