Terms of Service for Legato Network Portal
Accepting the Terms of Service
Legato Network Portal (the “Portal”) is a website owned and operated by Legato Network. Please read these terms of service (“Agreement”) carefully before using the Portal or any services provided on the Portal (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, Legato Network may offer to provide the Services, as described more fully on the Portal, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Legato Network performs for Subscriber, as well as the offering of any Content (as defined below) on the Portal. Legato Network may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Legato Network may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. Legato Network reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Portal and by providing notice via e-mail, where possible, or on the Portal. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to Legato Network that if Subscriber is an individual (i.e., not a corporate entity). Subscriber also certifies that it is legally permitted to use the Services and access the Portal, and takes full responsibility for the selection and use of the Services and access of the Portal. This Agreement is void where prohibited by law, and the right to access the Portal is revoked in such jurisdictions. Legato Network makes no claim that the Portal may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Portal from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
Legato Network will use reasonable efforts to ensure that the Portal and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Portal and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Legato Network to minimize such disruption where it is within Legato Network’s reasonable control.
You agree that neither Legato Network nor the Portal will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Portal, the service, any Subscriber Content, or other Content.
Legato Network retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Portal or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Portal Content
The Portal and its contents are intended solely for the use of the Portal Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Portal, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) are the property of Legato Network and/or third parties and are protected by United States and international copyright laws.
All trademarks, service marks, and trade names are proprietary to Legato Network and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Portal is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Any downloading, copying, or storing any Content is expressly prohibited without prior written permission from Legato Network, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Portal, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by Legato Network or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. Legato Network or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. Subscriber Content
You grant Legato Network the right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store Subscriber Content that You contribute to the Portal in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant Legato Network and the Portal the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Legato Network reserves the right to remove any Subscriber Content from the Portal, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Legato Network and/or the Portal under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Legato Network is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Portal. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Portal. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Portal or Service user.
Use of the Portal or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Portal or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Portal or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Portal, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
5. Warranty disclaimer
Legato Network has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Legato Network has no control over, and no duty to take any action regarding: which users gains access to the Portal; which Content Subscriber accesses via the Portal; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Portal is provided by and is the responsibility of the user or subscriber who posted the Content. Legato Network does not monitor the Content of the Portal and takes no responsibility for such Content. Subscriber releases Legato Network from all liability for Subscriber having acquired or not acquired Content through the Portal. The Portal may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Legato Network makes no representations concerning any content contained in or accessed through the Portal, and Legato Network will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Portal.
Although Legato Network and the Portal will make reasonable efforts to store and preserve the material residing on the Portal, neither Legato Network nor the Portal is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Portal. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Portal.
The Services, Content, Portal and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Legato Network makes no representations or warranties of any kind with respect to the Portal, the Services, including any representation or warranty that the use of the Portal or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Legato Network disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Portal. By using this Portal, you acknowledge that Legato Network is not responsible or liable for any harm resulting from (1) use of the Portal; (2) downloading information contained on the Portal including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Portal, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
6. Third party websites
Users of the Portal may gain access from the Portal to third party sites on the Internet through hypertext or other computer links on the Portal. Third party sites are not within the supervision or control of Legato Network or the Portal. Unless explicitly otherwise provided, neither Legato Network nor the Portal make any representation or warranty whatsoever about any third party site that is linked to the Portal, or endorse the products or services offered on such site. Legato Network and the Portal disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Portal or Legato Network with respect to such sites and third party content.
7. Registration and security
As a condition to using Services, Subscriber may be required to register with Legato Network and select a password and profile name. Subscriber shall provide Legato Network with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. Legato Network reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Portal and Legato Network from any and all liability concerning such activity. Subscriber agrees to notify Legato Network immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Portal will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold Legato Network, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Portal, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
9. Limitation of liability
In no event shall Legato Network, its directors, officers, shareholders, employees or members be liable with respect to the Portal or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Portal, errors or omissions; or (d) damages related to downloading or posting Content. Legato Network's and the Portal's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
10. Fees and payment
Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Portal in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Portal. Subscriber represents to Legato Network that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. Legato Network may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Portal.
Legato Network may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Portal and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party by any means. Legato Network may also terminate or suspend any and all Services and access to the Portal immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Portal, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Portal and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Legato Network or the Portal, including without limitation any indemnification obligations contained herein.
14. Copyright Policy
Legato Network has adopted the following policy toward copyright infringement with respect to the Portal in accordance with the Digital Millennium Copyright Act. The address of Legato Network's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.
Reporting Copyright Infringements
If You believe that content residing or accessible on the Portal infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Legato Network is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party's physical or electronic signature. After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Legato Network shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Portal.
- Legato Network will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
- Legato Network reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.
Filing Copyright Counterclaims
A subscriber who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with Legato Network, by providing the following items in writing to the Designated Agent at the address below:
- The specific URLs of material that Legato Network has removed or to which Legato Network has disabled access.
- User’s name, address, telephone number, and email address.
- A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- User’s signature.
Upon receipt of a counterclaim, Legato Network will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Legato Network does not receive any such notification within 10 days, we may restore the material to the Portal.