IMPORTANT-READ CAREFULLY: This User Agreement ("Agreement") is a legal contract between you (either an individual or a business entity) and Accelerated I/O, Inc. for the Accelerated I/O software product identified above. BY LOGGING INTO THE WEBSITE, BY USING THE WEBSITE, OR BY UPLOADING A FILE TO OUR WEBSITES OR AFFILIATE'S WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE, OR UPLOAD A FILE TO OUR WEBSITE OR AFFILIATE'S.
GOOD REPUTATION: You agree that everyone is entitled to a good reputation and you will not engage in ad hominem attacks, flame wars, doxxing, or other activities that are meant to damage another person's reputation or career. If Accelerated I/O decides that your content must be moderated, you agree to paysite credits for the moderation fee required to fix the violation. If you do not have enough credits to pay the moderation fee, your account will have a negative credit balance. Accelerated I/O will also set the offending media to private, so only you can see it until the issues are resolved.
MATERIAL PRESENTATION: When you upload material and make it public, the presentation of the material to others is solely determined by Accelerated I/O's algorithms.
ACCOUNT INFORMATION: You agree to provide accurate account information. Since you might purchase our services, the ability to use the services or get refunds depends on the accuracy of the information that you provide. If you attempt to defraud Accelerated I/O with inaccurate information, Accelerated I/O retains the right to delete your account without any refunds, as allowed by law. You agree to not share your password or other account information with other users, except you may share your public name that was assigned to you. You agree not to share the user name that you use to log into your account. You agree not to create extra accounts to get free credits since that is against site policy and will become cumbersome for you as our relationship develops. For example, we usually need to collect tax information which is usually unique. Therefore multiple accounts will often create multiple reports to taxing agencies which could raise issues between you and them. You can download or delete your account information. If you delete the information, you would be forfeiting any ability to collect fees from derivative works, and your credits would go to other users. If you delete information needed to fulfill taxing or other regulations or to make payments and generally to conduct commerce, your entire account will be deleted. You may not make any attempt to delete information that indicates criminal activity, prevents legal obligations or regulatory compliance or inhibits the action required by any administrative authority, law enforcement, of government agency.
UPDATE PERMISSION: If you download our software, you grant us permission to update that software. We may update our terms of service. We will notify you with an email whenever our terms of service are updated. When our terms of service our updated, you and Accelerated I/O our bound by them. If you do not agree with the update of our terms of service, you should delete your account on the Flixtion or Vectorvortec sites.
INFORMATION COLLECTED: Flixtion or Vectorvortec sites keep track of your purchases, credits, and conversions. You can find this information by viewing your account information. Flixtion or Vectorvortec sites also save your account settings such as, but not limited to, friends, groups, and conversion tags. We keep track of your banking information to facilitate commerce between you and the Flixtion or Vectorvortec sites. We keep track of information needed to report to tax agencies which are usually payments or purchases.
INFORMATION USE: Flixtion or Vectorvortec sites strive to personalize your experience. The information collected is used to make your experience personal to you. The account information is used to receive and pay money. Your credit balance and the status of your good standing determine whether you can make a conversion.
LEGAL AGE: You may not use either Flixtion or Vectorvortec sites if you are less than 13 years of age. By making any purchases or accumulating any credits you represent that you are not a minor and are old enough to enter into a valid contract.
EXPRESSLY FORBIDDEN: Attempts to break or crack Accelerated I/O's computers or servers are expressly forbidden and will be prosecuted to the full extent of the law.
CREDIT CALCULATIONS: By logging into FLIXTION OR VECTORVORTEC, you agree to accept that charging and assignment of credits that the algorithms on the site calculate as allowed by law.
OTHER LIMITATIONS: You may not reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code or other intellectual property of Accelerated I/O, except and only to the extent that such activity is expressly permitted by applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Accelerated I/O and shall be deemed to be the confidential proprietary information of Accelerated I/O. Without prejudice to any other rights, Accelerated I/O may terminate this Agreement immediately and without notice. In such an event, you must immediately remove and destroy all copies of Accelerated I/O's software, Application Program Interface (API), and all of its component parts and provide certification of such removal and destruction to Accelerated I/O upon request. In the event that Accelerated I/O terminates the agreement and you have remaining credit, Accelerated I/O will refund the payment you made for that User ID.
GOVERNING LAW/VENUE: Accelerated I/O's technology is subject to U.S. export and commerce laws. No portion of Accelerated I/O's Technology may be used, downloaded, or installed from the Accelerated I/O website or through any Accelerated I/O service or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals; or (3) anyone on the U.S. Commerce Department's Table of Deny Orders; or (4) anyone employed by or an agent of a government. BY USING THE SOFTWARE, YOU AGREE TO THE FOREGOING RESTRICTIONS, AND YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR ON ANY SUCH LIST OR AN EMPLOYEE OR AGENT OR EMPLOYEE OF A GOVERNMENT. By accessing and/or using Accelerated I/O's Technology, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export laws and regulations including those which apply to the export of data. If you do not agree to these terms, do not use the website. This Agreement shall be governed by the laws of the State of Colorado and the United States of America, without regard to conflict of laws principles. You agree that any action at law or in equity arising out of or relating to these terms or Accelerated I/O's Technology shall be filed only in the state or federal courts located in Broomfield County, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In the event that any portion of this Agreement is determined to be invalid by a court or other decision-making authority of competent jurisdiction, then such provision shall be invalidated only to the extent required to bring the provision into compliance with applicable law and shall not affect the remaining provisions of this Agreement.
INAPPROPRIATE ACTIVITY: We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted material, IP addresses, and traffic information. Inappropriate activity includes putting obscene pictures that nipples, anuses, vaginas, penises, or other such images of humans, pictures containing gore, excrement, or other such images of humans on our site or sites. You may not use the site to profit from another person's vice. You also agree to refrain from putting copyrighted material on our site or sites, unless you have express written permission to upload the said copyrighted material. You agree that you will not use the Flixtion or Vectorvortec sites unless it is allowed by the governmental and other agencies where you are located. You may not automatically collect information from the Flixtion or Vectorvortec without the express written consent of Accelerated I/O. If Accelerated I/O moderates your activity, you agree that Accelerated I/O can charge credits as a moderation fee. If your credits go negative, you will not be able to make conversions or otherwise use the credits until your account has enough credits to do so.
PROPRIETARY RIGHTS: Copyright. All title and copyrights in and to Flixtion or VectorVortec technology (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Flixtion or VectorVortec technology), the accompanying media, printed materials and materials in electronic form, and any copies of Flixtion or VectorVortec Technology are, as between you and Accelerated I/O, the exclusive property of Accelerated I/O. Flixtion or VectorVortec Technology is the proprietary and confidential information of Accelerated I/O and is protected by trademark, trade secret laws, copyright laws, and international treaty provisions. Therefore, you must treat Flixtion or VectorVortec Technology like any other copyrighted material, subject to the provisions of this Agreement, and you must take reasonable security precautions, at least as great as the precautions you take to protect your own confidential information, to keep Flixtion or VectorVortec Technology confidential. If you are an entity, you may disclose Flixtion or VectorVortec Technology to your full-time employees on a need to know basis, provided that you have executed appropriate written agreements with your employees sufficient to enable you to comply with the terms of this Agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in Flixtion or VectorVortec Technology.
SUBMISSIONS: Should you decide to transmit to Accelerated I/O's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Accelerated I/O and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, use, copy, transmit, distribute, create derivate works of, display and perform the same. You agree that other users can modify your work if you set the work to public viewing. If the work generates revenue, you agree that the revenue is shared between you and other users on a pro-rata basis. The revenue usually comes from Accelerated I/O sharing some of the server fees charged to the person making derivative works. However, Accelerated I/O only charges for certain things such as conversion from raster to vector. In other words, most of the conversion fees are paid to Accelerated I/O as cloud fees. Some of those cloud fees are shared with the users who created the work that was converted. The fees that Accelerated I/O shares with the creators are distributed on a pro-rata basis as determined by Accelerated I/O's algorithms. In addition, you hereby irrevocably appoint Accelerated I/O as your representative for purposes of perfecting any such rights.
USE OF INFORMATION: Information collected online is typically defined as being either anonymous or personally identifiable. Anonymous information refers to data that cannot be tied back to a specific individual. For example, we may or may not collect the visitor's IP address (e.g., whether the user is logged on from ibm.com or aol.com), referral data (e.g., the Internet address of the last Web page visited by a user before clicking over to our web site), and browser and platform type (e.g., a Netscape browser on a Macintosh platform). You do not have to register with Accelerated I/O before we can collect this anonymous information. Personally, identifiable information refers to data that tells us specifically who you are, such as your name, address, and financial information, which may be collected in addition to the anonymous data described above. Accelerated I/O treats all personally identifiable member information with the utmost care for your privacy and security. Accelerated I/O does not sell, trade, or otherwise disclose customer lists or personally identifiable information to unaffiliated third parties without your permission. In the event that Accelerated I/O should be acquired or substantially all of its assets transferred, customer information would be considered a transferable asset and would be transferred to the acquiring entity. Further, in the event we make a material change in the way we collect your personal information, use your personal information, or change our email policies, you will be notified by email or through a prominent notice on our website. For your information, below is an outline of the information collected from you to provide our services, and a description of what we do with such information.
SIGN UP INFORMATION: Upon granting any use of Flixtion or VectorVortec Technology, Accelerated I/O collects the following information: name, address, and email address, along with other information about the user. This information may then be imported into our website programs to simplify the amount of information the user will be required to enter when using the features available on our website. Accelerated I/O may use your information to contact you regarding a change or update and to send you information about our company and select partners. You may control the receipt of such information by advising Accelerated I/O of your decision to opt out of such information programs.
YOUR FINANCIAL INFORMATION: Accelerated I/O uses the financial data you provide to bill you for any and all products and services you use, and for any available discount, rebate, and incentive programs in which you participate. By making a purchase on the website, or accessing any financial transaction or activity on the website, you consent to allow us to: (1) provide your financial information to our service providers, as well as your credit card issuer for their assistance in processing your transaction; and (2) contact any other third parties we determine as necessary to process your transactions. These third parties may include but are in no way limited to banking facilities and/or credit card institutions used to process and verify your financial transaction.
PAYMENTS: You represent and warrant that if you are purchasing something from us or from merchants that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company or financial entity, and (c) you will pay the charges incurred by you at the posted prices (quantity discounts may apply), including any applicable taxes.
DISCLAIMER OF WARRANTY: FLIXTION OR VECTORVORTEC TECHNOLOGY, THE API, AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND TO BE USED AT YOUR OWN RISK. ACCELERATED I/O AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN FLIXTION OR VECTORVORTEC TECHNOLOGY, PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING FLIXTION OR VECTORVORTEC TECHNOLOGY OR SUCH FILES, ACCELERATED I/O AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION, AND HEREBY EXPRESSLY DISCLAIM ANY SUCH WARRANTIES TO THE FULL EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE, RELEASE, FORGIVE, DISCHARGE, AND RELINQUISH ANY AND ALL CLAIMS THAT YOU NOW HAVE OR MAY IN THE FUTURE HAVE AND THAT ARE CONNECTED WITH, ARISE OUT OF, RELATE TO, OR ARE INCIDENTAL TO FLIXTION OR VECTORVORTEC TECHNOLOGY, AGAINST ACCELERATED I/O, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND AGREE TO HOLD HARMLESS THE SAME. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using FLIXTION OR VECTORVORTEC Technology. ANY LIABILITY OF ACCELERATED I/O FOR A DEFECTIVE IMAGE CONVERSION WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR CONVERSION OR APPROPRIATE CREDIT MAY BE GIVEN UPON THE DISCRETION OF ACCELERATED I/O. IN NO EVENT WILL ACCELERATED I/O OR ITS SUPPLIERS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST FILES, LOST PROFITS OR LOST SAVINGS, EVEN IF AN ACCELERATED I/O REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental consequential or special damages or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you. THIS AGREEMENT IS PERSONAL TO YOU. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO NOT TO DISCLOSE FLIXTION OR VECTORVORTEC TECHNOLOGY OR ANY DETAILS REGARDING FLIXTION OR VECTORVORTEC TECHNOLOGY, ITS OPERATION OR PERFORMANCE TO ANYONE UNLESS YOU CAN VERIFY THAT THE INFORMATION TO BE DISCLOSED IS ALREADY IN THE PUBLIC DOMAIN, YOU HAVE INDEPENDENTLY DEVELOPED THE INFORMATION WITHOUT REFERENCE TO ACCELERATED I/O INFORMATION, OR HAVE RIGHTLY RECEIVED THE SAME INFORMATION FROM A THIRD PARTY WHO IS NOT IN BREACH OF A CORRESPONDING LICENSE AGREEMENT OR NON-DISCLOSURE AGREEMENT. YOU MAY, HOWEVER, DISCLOSE OR DISCUSS THE PRODUCT ON WWW.FLIXTION.COM, WWW.IFR-EVERYWHERE.COM, OR RELATED SITES OR WITH ANYONE ELSE WHO IS ALSO AN APPROVED USER OF FLIXTION OR VECTORVORTEC TECHNOLOGY. THIS NON-DISCLOSURE RESTRICTION INCLUDES THE APPLICATION INTERFACE OR API. If you use a bulletin board, chat room, or social media on any site, you should be aware that any confidential or personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to contact you or send you unsolicited messages or result in your personal liability. Accelerated I/O is not responsible for the personally identifiable information you submit in these forums and may hold you responsible for any confidential or proprietary information of Accelerated I/O that you post in any public or semi-public forum without our express consent. It is important for you to exercise discretion and appropriate caution when deciding what personal or confidential information, if any, to reveal in these areas. Accelerated I/O reserves the right (but not the obligation) to, in its sole discretion and at any time with or without notice, temporarily or permanently banned from accessing our bulletin boards, chat rooms, social media, and/or our website any user(s) who violate any bulletin board, chat room, social media or confidentiality rules, this Agreement, or any other posted policy of Accelerated I/O. ACCELERATED I/O MAY UPDATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE. I AGREE TO REVIEW THIS WEBSITE PERIODICALLY TO BE AWARE OF ANY SUCH MODIFICATIONS. MY CONTINUED USE OF FLIXTION OR VECTORVORTEC TECHNOLOGY CONSTITUTES ACCEPTANCE OF ANY CHANGES AND REVISIONS TO THIS AGREEMENT.