UPS Developer Kit Community:Membership Terms

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PLEASE READ THESE TERMS AND CONDITIONS (“MEMBERSHIP TERMS”) CAREFULLY BEFORE USING THE UPS DEVELOPER KIT COMMUNITY LOCATED AT www.developerkitcommunity.ups.com (“COMMUNITY”).


BY REGISTERING AS A MEMBER OF THIS COMMUNITY (“MEMBER”) OR ACCESSING OR USING THIS COMMUNITY, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS. USE OF THE COMMUNITY IS ALSO SUBJECT TO THE UPS WEBSITE TERMS OF USE AVAILABLE AT http://www.ups.com/content/us/en/use.html (“TERMS OF USE”) AND THE UPS PRIVACY NOTICE AVAILABLE AT http://www.ups.com/content/us/en/resources/ship/terms/privacy.html. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND THE MEMBERSHIP TERMS, DO NOT ACCESS OR USE THE COMMUNITY.


1. Membership Eligibility

This Community is intended for use in the United States (“U.S.”). If you access the Community from outside the U.S., you do so at your own risk and you are responsible for complying with local laws and regulations. The Community is available only to persons over the age of legal majority who can form legally binding agreements under applicable law. Individuals under the age of 18 are not authorized to become Members, participate in blogs or public forums or post messages on the Community. Except for designated UPS administrators, UPS employees may be permitted to register as Members of the Community to view content in the Community but may not post any Messages (as defined below), or otherwise participate in the Community.


2. Membership Profile

Upon registering as a Member, you may be asked to provide information, such as your name and email address and to select a screen name and a password to create a Member profile (“Profile”). UPS reserves the right to disallow screen names on behalf of businesses or individuals that hold legal claim or trademark rights in or on those screen names.

You agree to provide, update and maintain true, current and complete information about yourself as prompted by our registration process. You are responsible for all activities that occur under your Profile and for maintaining the confidentiality of your Profile information. You may update or modify your Profile information by going to “My Preferences” at developerkitcommunity.ups.com. Please notify UPS promptly if you suspect someone is accessing the Community using your Profile information without authorization. If your membership is terminated or if you delete your Profile, any information or images stored in your Profile may no longer be accessible by you.


3. Participation in Blogs, Public Forums and Messages

“Messages” mean messages, sample code or other materials you submit to blogs and other public forums available on the Community and similar materials posted by other users. Messages will be viewed by all Members and visitors to the Community and you have no expectation of privacy with respect to Messages you submit. You grant UPS a perpetual, irrevocable, non-exclusive, world-wide, royalty free license to use the Messages you submit in any form or media, known now or hereafter developed, which includes, without limitation, the right for UPS (and its third party designees) to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, host, modify and edit any Message you submit and agree that UPS is free to use any ideas, concepts, know-how or techniques that you provide to UPS, including without limitation in Messages posted to the Community, for any purpose whatsoever without compensation to you or any other person providing the Messages. You represent and warrant that you own or otherwise control all of the rights in and to the Messages you submit and that public posting and use of your Messages by UPS will not infringe or violate the rights of any third party.

You are solely responsible for the content of all materials you submit to the Community, including Messages. UPS does not endorse and has no control over the content of Messages that you or others submit to the Community. Messages do not necessarily reflect the opinions or policies of UPS. UPS makes no warranties as to the content of Messages or the accuracy or reliability of any Message and accepts no responsibility in connection with or arising from Messages, including use or accuracy of any sample code made available on the Community

UPS has the right, but not the obligation, to monitor Messages submitted to the Community. If UPS chooses, in its sole discretion, to monitor Messages, UPS reserves the right to edit, move or remove any Message it deems inappropriate or unacceptable for any reason at any time. UPS further reserves the right to prevent you from submitting Messages to the Community. You agree that UPS has no liability if it elects to prevent you from submitting Messages or otherwise edits or removes any Messages you submit.


4. Conduct on the Community

You must conduct yourself in a civil and respectful manner and comply at all times with all applicable laws, rules and regulations while participating in the Community. You agree to limit your discussions to the UPS Development Kit and related subject matter. You also agree that you will not:

• submit any Messages to the Community which violate the patent, copyright, trademark, trade secret or propriety rights, rights of publicity, rights of privacy, or any other rights of a third party.

• submit any Messages that are unlawful, threatening, pornographic, profane, obscene, offensive, libelous, constitute an invasion of privacy or publicity, constitute or encourage a criminal offense, or would give rise to civil liability or otherwise violate state, national or international law. You may not use the Community to harass, stalk or post insulting comments regarding any other person or submit any Messages that are abusive or discriminatory.

• impersonate any person or entity or misrepresent your identity or association with any person or entity. You may not disguise the origin of any content posted to the Community. You may not imply or state that UPS endorses or is associated with any Message you submit.

• solicit personal information, passwords or associated information from Members or use any data mining, robots, or similar data-gathering and extraction tools in connection with the Community. You may not post personally identifiable information about any other individual on the Community. You may not post Messages for the purposes of spamming.

• use the Community for any commercial purpose, including posting Messages, images or other items of content that advertise any products or services, link to any businesses or otherwise contain commercial content or solicit contributions.


5. Violations of these Membership Terms

UPS may, in its sole discretion, at any time and without prior notice, suspend or terminate your access to the Community or suspend or terminate your rights under these Membership Terms for any or no reason. This includes but is not limited to suspension or termination for: i) unauthorized access or use by you, such as maintaining more than one registration for concurrent use of the Community or allowing another to use the Community through use of your screen name and password; ii) violation of these Membership Terms or other rules relating to the use of the Community, or iii) posting Messages that violate these Membership Terms. In its sole discretion, and at any time, UPS may also discontinue providing the Community or any part of the Community, with or without notice. UPS shall not be liable to you or any third party for any of the foregoing. If you became aware of activities that violate these Membership Terms, you should notify UPS by sending an email detailing the violation to uoltects@ups.com. UPS does not guarantee any action based on such information, but will make every reasonable effort to respond in a fair and timely manner.


6. Modifications to the Community and the Membership Terms

UPS reserves the right, at its sole discretion, to revise, change, or modify these Membership Terms at any time by updating this posting. Your continued use of the Community after any changes will mean you accept those changes. Any aspect or feature of the Community may be changed, supplemented, deleted or updated without notice at the sole discretion of UPS.


7. UPS Content

UPS has provided certain materials on the Community, including but not limited to documentation and sample code (the “UPS Content”). The UPS Content may be protected by copyright and other laws in both the United States and other countries. You may not sell, offer for sale, lease, display, distribute, or otherwise use the UPS Content in any way, except UPS grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Community and UPS Content as set forth in these Membership Terms and as may be posted from time to time on the Community . Except for this limited license, UPS does not convey any interest in or to the UPS Content, Community or any other UPS property by permitting you to access the Community and any and all intellectual property rights associated with the Community and the UPS Content remain the sole property of UPS, its affiliates or licensors. The Community and the UPS Content is for reference only and does not provide access to the UPS API’s referenced in the UPS Content. To access and use the UPS API’s, you must follow the UPS API procedure including agreeing to the UPS Technology Agreement,

Confidential UPS Content: The UPS Content provided on the Community includes UPS development guides (“Confidential Information”) that you previously agreed to maintain confidential in a UPS Technology Agreement or you hereby agree to keep confidential according to the following terms. You shall not use, disclose, or permit any other person access to any Confidential Information, except as expressly permitted by UPS such as under “Allowed Uses of UPS Content” above. You agree to protect such Confidential Information with no less diligence than you protect your own confidential or proprietary information. You acknowledge that if you breach this Section of these Membership Terms, UPS may have no adequate remedy at law available to it, may suffer irreparable harm, and will be entitled to seek equitable relief. If disclosure of Confidential Information is required under provisions of any law or court order, you will notify UPS sufficiently in advance so UPS will have a reasonable opportunity to object.


8. Disclaimer

THE COMMUNITY, INCLUDING MESSAGES AND UPS CONTENT, IS PROVIDED "AS IS WITH ALL FAULTS" AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, GUARANTEE, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE COMMUNITY, INCLUDING MESSAGES AND UPS CONTENT, IS GIVEN OR ASSUMED BY UPS AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, AS ARE ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UPS OR ANY UPS REPRESENTATIVE SHALL CREATE A WARRANTY. UPS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE COMMUNITY, INCLUDING MESSAGES AND UPS CONTENT, AND ACCESS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF UPS’S CONTROL. UPS IS NOT LIABLE FOR ANY DAMAGES OF ANY TYPE CAUSED BY SUCH INTERFERENCE.


9. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, UPS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR DATA USE, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE GOODS ARISING OUT OF THIS AGREEMENT, DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, USE OF THE COMMUNITY, INCLUDING MESSAGES AND UPS CONTENT, OR OTHERWISE, EVEN IF THE UPS PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW IN THE EVENT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF UPS OR IN THE EVENT OF PERSONAL INJURY OR DEATH. IN NO EVENT SHALL THE LIABILITY OF UPS FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. CLAIMS NOT MADE WITHIN SIX (6) MONTHS AFTER THE FIRST EVENT GIVING RISE TO A CLAIM SHALL BE DEEMED WAIVED.


10. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We ask users of the Community to respect the intellectual property rights of others. If you believe that any content appearing on the Community constitutes copyright infringement of (i) one of your copyrighted works, or (ii) a copyrighted work of a copyright owner who has authorized you to act on his/her behalf, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information (see 17 U.S.C. 512(c)(3) for further detail):

1. your electronic signature or actual physical signature;

2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are allegedly being infringed, a list and description of such works;

3. a description of where the material that you claim is infringing is located on the Community, such description must be reasonably sufficient to enable us to find the allegedly infringing material;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright in the allegedly infringed work or that you are authorized to act on behalf of the copyright owner of the allegedly infringed work.


You should provide the copyright infringement notice described above to UPS’s agent for notification of claim of copyright infringement. Such agent may be contacted as follows:

By email:

DMCA Notice Agent

dmcacompliance@ups.com

Last updated: January 2012





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