Terms of Service
The Exciton Interactive Network (the 'Network') is a set of related Internet sites and other applications owned and operated by Exciton Interactive LLC. The term 'Exciton Interactive' or 'Exciton Interactive LLC' or 'us' or 'we' refers to the owner of the website and the term 'you' or 'subscriber' refers to the user or viewer of our website.
The use of this website is subject to the following:
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Through our network of Web properties, we provide you with access to a variety of resources collectively referred to as "Services". The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Subscriber certifies to Exciton Interactive that Subscriber is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on Exciton Interactive (including, for example, a name, address, telephone number or email address). Subscriber also certifies that they are legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network. This Agreement is void where prohibited by law, and the right to access the Network is revoked in such jurisdictions. Exciton Interactive makes no claim that the Network 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 Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
Exciton Interactive will use reasonable efforts to ensure that the Network and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Network 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 Exciton Interactive to minimize such disruption where it is within Exciton Interactive’s reasonable control.
You agree that neither Exciton Interactive nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any Subscriber Content, or other Content.
Exciton Interactive 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 Network 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
See the Privacy Statement disclosures relating to the collection and use of your information.
The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Exciton Interactive and/or third parties and are protected by United States and international copyright laws.
All trademarks, service marks, and trade names are proprietary to Exciton Interactive and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Network 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 Agreement), 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.
You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to Exciton Interactive under the Creative Commons Attribution Share Alike license. You grant Exciton Interactive the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and, except as otherwise set forth herein, to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant Exciton Interactive and the Network 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. Exciton Interactive reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Exciton Interactive and/or the Network 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 Exciton Interactive is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
In the event that You post or otherwise use Subscriber Content outside of the Network or Services, with the exception of content entirely created by You, You agree that You will follow the attribution rules of the Creative Commons Attribution Share Alike license as follows:
- You will ensure that any such use of Subscriber Content visually displays or otherwise indicates the source of the Subscriber Content as coming from the Exciton Interactive Network. This requirement is satisfied with a discreet text blurb, or some other unobtrusive but clear visual indication.
- You will ensure that any such Internet use of Subscriber Content includes a hyperlink directly to the original question on the source site on the Network (e.g., https://www.excitoninteractive.com/forums/thread/1/thread-title)
- You will ensure that any such use of Subscriber Content visually display or otherwise clearly indicate the author names for every question and answer so used.
- Profile Content is information about you (a Subscriber) that is contributed by you or inferred about you by your activity. Profile Content includes, but is not limited to, display names, reputation scores, avatars, your role and company, and other user generated content found on a Subscriber's profile such as "About Me" content.
- Profile Content that is available via the Exciton Interactive API ("API Profile Content") is perpetually and irrevocably licensed to Exciton Interactive and its Subscribers under the Creative Commons Attribution Share Alike license
- Profile Content that is NOT available via the Exciton Interactive API ("Personal Profile Content") cannot be used for any commercial purpose, individually or in aggregate, or be republished without the explicit consent of the author of such Personal Profile Content or the explicit consent of Exciton Interactive.
- Exciton Interactive reserves the right to exclude Content, including Profile Content, from the Exciton Interactive API at any time without prior notice.
- Additionally, no Profile Content, including API Profile Content, may be used in any way that implies a user is affiliated with, has signed up for, or is in any way associated with a third party without explicit permission from Exciton Interactive or the user.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of Exciton Interactive and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code, not by us.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the ExcitonInteractive.com Web site or any other Exciton Interactive owned, operated, licensed or controlled site. Elements of Exciton Interactive Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Exciton Interactive site may be copied or retransmitted unless expressly permitted by Exciton Interactive.
EXCITON INTERACTIVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCITON INTERACTIVE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EXCITON INTERACTIVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXCITON INTERACTIVE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Exciton Interactive immediately of any unauthorized use of your account or any other breach of security. Exciton Interactive will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Exciton Interactive or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Exciton Interactive server, or the network(s) connected to any Exciton Interactive server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Exciton Interactive server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material, or (e) copy, download, or scrape any Personal Profile Content for the purpose of indexing software engineers, social recruiting, sourcing, employment-related services, compiling databases of employment solicitation targets, providing content for a hiring platform without the express permission of Exciton Interactive or the User.
Exciton Interactive has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Exciton Interactive has no control over, and no duty to take any action regarding: which users gains access to the Network; which Content Subscriber accesses via the Network; 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 Network is provided by and is the responsibility of the user or subscriber who posted the Content. Exciton Interactive does not monitor the Content of the Network and takes no responsibility for such Content. Subscriber releases Exciton Interactive from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Exciton Interactive makes no representations concerning any content contained in or accessed through the Network, and Exciton Interactive will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.
Although Exciton Interactive and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither Exciton Interactive nor the Network 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 Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.
The Services, Content, Network 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. Exciton Interactive makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network 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, Exciton Interactive disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, you acknowledge that Exciton Interactive is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network 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 Network, 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.
Subscriber will indemnify and hold Exciton Interactive, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) 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 Network, 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.
In no event shall Exciton Interactive, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network 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 Network, errors or omissions; or (d) damages related to downloading or posting Content. Exciton Interactive's and the Network'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.
FEES AND PAYMENT
Exciton Interactive may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network 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.
Through this website you are able to link to other websites which are not under the control of Exciton Interactive LLC. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Exciton Interactive LLC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Either party may terminate the Services at any time by notifying the other party by any means. Exciton Interactive may also terminate, block, or suspend any and all Services and access to the Network immediately, without prior notice or liability, in its sole discretion, for any reason or no reason at all, including but not limited to any Subscriber breaches of any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Network, 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 Network 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 Exciton Interactive or the Network, including without limitation any indemnification obligations contained herein.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
If You believe that content residing or accessible on the Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below (all received notices will be posted in full to Lumen):
- 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 Exciton Interactive 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 made under penalty of perjury 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, Exciton Interactive 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 Network.
- Exciton Interactive 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.
- Exciton Interactive 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 Exciton Interactive by providing the following items in writing to the Designated Agent at the address below (all received notices will be posted in full to Lumen):
- The specific URLs of material that Exciton Interactive has removed or to which Exciton Interactive has disabled access.
- User’s name, address, telephone number, and email address.
- A statement that User consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or United States District Court Southern District of Indiana 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, Exciton Interactive 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 Exciton Interactive does not receive any such notification within 10 days, we may restore the material to the Network.