Canto’s official resource for Cumulus news, tips, events and company information.

Last updated: May, 2009

1. Introduction

Welcome to blog.canto.com, a site operated by Canto, Inc. and its affiliates (“Canto,” “we,” “us,” or “our”). PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. Canto provides this Web site and all site-related services (the “Site”) subject to and conditioned upon your compliance with the terms and conditions set forth in the following terms and conditions (the “Terms of Use”). These Terms of Use govern the relationship between Canto and you (including your employer and any affiliates and its or their employees, contractors and agents, “you”) with respect to use of the Site and any dispute related thereto. Please note that by visiting or using the Site you signify your assent to and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

2. Eligibility

The Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to Canto or create or otherwise use an account. By using the Site you represent that you are able to legally form binding contracts.

3. Revisions to the Site or Terms of Use

We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site. In addition, we may revise these Terms of Use at any time, at our sole discretion. Any changes that we make to the Terms of Use will be effective immediately upon posting such changes on the Site. Please check this page periodically to ensure your familiarity with the most current version of these Terms of Use; you will be able to determine if the Terms of Use have been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this page. Your continued use of the Site following such changes will be deemed acceptance of such changes.

4. Code of Conduct

While using the Site and/or the Materials (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations. Without limiting the foregoing, you agree not to:

restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
use the Site or Materials for any fraudulent or unlawful purpose or in violation of any applicable law;
express or imply that any statements you make are endorsed by us, without our prior written consent;
engage in spamming or flooding;
transmit or otherwise make available in connection with the Site any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or otherwise interfere with or disrupt the operation of the Site;
sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or Materials;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials;
remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
“frame” or “mirror” any part of the Site without our prior written authorization;
use any robot, spider, script, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file;
harvest or collect information about Site visitors or members without their express consent; or
transmit, display, utter, or distribute content or other material that is or may be unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable, or infringes or misappropriates the privacy of other intellectual property rights of us, other users of the Site, or other third parties.

5. Materials

This Site and all works of authorship on this Site, including but not limited to, all data, text, reviews, commentary, feedback, graphics, images, audio and video clips, software, links, names, logos, icons, trademarks, and service marks (collectively, the “Materials”), are owned and controlled by Canto, its affiliates, and other parties (including other user of the Site) that have licensed to Canto the right to use their material, and are protected by U.S. and international copyright, trademark and other laws. You acknowledge that these rights are valid and enforceable. Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Materials, you may not copy, modify, reproduce, republish, upload, post, display, perform, transmit, broadcast, distribute or otherwise use the Materials or other content or information available on or through the Site. Unless otherwise indicated on the Site, you may download and/or print a single copy of Materials displayed on the Site, and may use such Materials solely for your internal business needs. You must retain all copyright and other proprietary notices on downloaded and copied Materials. Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Materials, and you acknowledge that by using the Site or Materials you do not acquire any ownership or other rights with respect thereto.

6. Information

Some areas of the Site may require you to provide information, including, without limitation, personally identifiable information. Similarly, if you purchase products or services described on the Site, you will be asked by Canto or by a third party provider, on Canto’s behalf, to supply certain information applicable to your purchase, including, without limitation, credit card and billing information. You agree that we may collect and use information that you provide to us or that is otherwise collected about you when you use the Site, and you understand that any such information will be treated in the manner described in our Privacy Policy [PROVIDE LINK]. You agree that all information that you provide to Canto or such third party provider will be accurate, current, and complete. If you have an account with us, you are entirely responsible for the confidentiality and use of your username and password and for any and all activities that are conducted through your account, and you agree not to transfer or resell your use of or access to the Site to any third party.

7. Purchases

Prices and availability of any products or services displayed on the Site are subject to change at any time without notice. You agree to pay all charges incurred by you or any user of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

8. Links

This Site may contain links to other Internet websites, including affiliated websites which may or may not be owned or operated by us. We have not reviewed all of such websites, and we have no control over such websites operated by third parties. Unless otherwise explicitly stated, we are not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked websites. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked websites. Further, it is up to you to take precautions to ensure that whatever links you select is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

9. Forums

We (and our designees) may host message boards, blogs and similar forums on or in connection with the Site (collectively, “Forums”), but we have no obligation to monitor the Site or the Forums, or any Materials that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the Forums, and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our partners and our customers and Site visitors; or to comply with legal obligations or governmental requests. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, unlawful, defamatory or otherwise objectionable. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums that is not properly attributable to us. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect our opinion(s). We are not responsible for any errors or omissions in Forum postings, for hyperlinks embedded in Forum postings or for your use of such information. Under no circumstances will we or our affiliates, partners, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

10. Feedback

We welcome your reviews, commentary, suggestions or other feedback regarding your experience with our Site and our products and services. In connection with any such reviews, commentary, suggestions, feedback or any other information or content that you transmit or provide to us (or otherwise post on the Site or Forums) (collectively, “Feedback”), you hereby grant us a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to reproduce, distribute, modify, create derivative works of, perform and display (publicly or otherwise) or otherwise use such Feedback (including, without limitation, any ideas, concepts, know-how or techniques contained therein) for any purpose whatsoever (commercial or otherwise, including, without limitation, improving the Site and developing and marketing products and services incorporating such Feedback), without any limitations and without compensation to you. Feedback will not be subject to any obligation of confidentiality, attribution or other similar obligation on our part. We will not be liable for any use or disclosure of any Feedback. We reserve the right, but undertake no duty, to post, review, edit, move or delete any Feedback, in our sole discretion and without notice.

11. Disclaimer of Warranties

THE SITE AND ALL MATERIALS, INFORMATION, FORUMS AND CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANTO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CANTO DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CANTO NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE SITE AND/OR ANY MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS IS TO STOP USING THEM. NOTWITHSTANDING THE FOREGOING, IF CANTO IS FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES YOU PAID CANTO IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) ONE THOUSAND DOLLARS (US$1,000).

13. Indemnification

You agree to indemnify, defend, and hold harmless Canto, our affiliates, licensors, suppliers, and agents, and our and their directors, officers, employees, consultants, agents or other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses due to, or arising out of, your breach of these Terms of Use, your activities in connection with the Site (including, without limitation, any content that you post on Forums or otherwise transmit through the Site), or your violation of any laws or the rights of a third party.

14. Access by Minors

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”

15. Governing Law

When accessing this Site (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of California (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in the Northern District of California (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof. Recognizing the global nature of the Internet, you agree to comply with all applicable laws, rules, and regulations (including all applicable local laws, rules, and regulations) regarding online conduct and use of this Site. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

16. Termination

These Terms of Use shall remain effective until terminated in accordance with their terms. You agree that we may, in our sole discretion, terminate these Terms of Use and your ability to use this Site (or any portion thereof) if you fail to comply with any term or condition hereof or for any other reason. Upon termination of these Terms of Use, you may no longer use or otherwise access the services or materials provided on this Site and you shall destroy all Materials and copies thereof obtained by you from the Site. The provisions of Sections 4 (Code of Conduct), 5 (Materials), 8 (Feedback), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), 16 (Termination), and 19 (Miscellaneous) shall survive termination of these Terms of Use.

17. Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254 or 1-800-952-5210.

18. Contact Us

Should you have other questions or concerns about these Terms of Use, please contact us by email to info@canto.com, or by regular mail to Canto Software, Inc., 221 Main Street, Suite 460, San Francisco, California 94105, U.S.A.

19. Miscellaneous

If any provision of these Terms of Use are found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with our Privacy Policy and any other of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the Site or the Materials, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicenseable by you, except with our prior written consent.

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