PLEASE READ THESE Particle Programmatica TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("WEBSITE").  Particle Programmatica AND ITS AFFILIATES (COLLECTIVELY, "Particle Programmatica") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY, "YOU") SUBJECT TO THESE TERMS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.

On this Website Particle Programmatica may make available to You a wide range of: (i) information, downloads, documents, communications, files, text, photographs, graphics, music, video, messages, software, products, tools, and publications (collectively, "Content"); and (ii) e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal Web pages, calendars, photo albums and/or other message or communication facilities designed to enable You to communicate with others (collectively, "Services").  By accessing this Website in any way (including, without limitation, browsing the Website), using any Content, using any Services, downloading any materials, and/or placing an order for products or services, You agree to and are bound by the terms of use described in these Terms.  If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and Particle Programmatica for violations of these Terms.  

These Terms constitute the entire agreement between You and Particle Programmatica and govern Your use of the Website, and supersede any and all prior agreements, written or oral, between You and Particle Programmatica regarding the subject matter of this Website (including, without limitation, any prior versions of these Terms).  Portions of the Services may be governed by posted guidelines, rules or other terms and conditions.  All such guidelines, rules and terms and conditions are hereby incorporated by reference into these Terms.  In the event of a conflict between these Terms and such other guidelines, rules and terms and conditions, these Terms shall control.  Notwithstanding the foregoing, Particle Programmatica's Privacy Policy, discussed in the Privacy and Personal Information section below, supersedes any conflicting terms in these Terms and/or any other guidelines, rules and terms and conditions with respect to the subject matter covered by the Privacy Policy.

You may also be subject to additional terms and conditions that may apply when You use other Particle Programmatica services, third-party content or third-party software.  

1.	YOUR CONDUCT AND USE OF THE WEBSITE

Unless otherwise expressly provided in these Terms, the Content and Services on this Website are for Your personal, informational, and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such Content or Services without written permission from Particle Programmatica.

A portion of the Services uses technology that is intended to allow You to determine Your physical location when You login to Your account.  If You do not want to use this functionality, You may turn off this feature at any time by accessing the instructions available at http://gears.google.com. 

If You are younger than eighteen (18) years of age, Your parent or legal guardian must consent to Your use of the Website and access to the Content or Services, and You represent and warrant that You have their consent.  You acknowledge that Particle Programmatica may require proof of the consent from Your parent or legal guardian from time to time.

As a condition of Your use of the Content or Services, You agree that You will not use the Content or Services for any purpose that is unlawful or contrary to these Terms.  You may not use the Content or Services in any manner that could damage, disable, overburden, or impair the Content or Services or interfere with any other party's use and enjoyment of them.  You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Content or Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Content or Services.

You are solely responsible for all Content that You upload, post or otherwise transmit via the Website or the Services.  You agree not to upload, post or otherwise transmit via the Website or the Services Content that: (i) includes unauthorized disclosure of personal information; (ii) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Particle Programmatica or other users of the Website; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (iv) violates or infringes anyone's intellectual property rights. 

Particle Programmatica has no obligation to monitor the Services.  However, Particle Programmatica reserves the right to review materials posted to the Services and to remove and/or edit any materials in its sole discretion.  You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service.

You agree that You will not use the Website or the Services to: 
• pretend to be Particle Programmatica or someone else, or spoof Particle Programmatica's or someone else's identity
• transmit spam, bulk or unsolicited communications
• forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services
• collect or store personal data about other users unless specifically authorized by such users
• harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• misrepresent Your affiliation with a person or entity
• engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website.  
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

You agree that Particle Programmatica would be irreparably harmed by the use, by You or others, of the Website or the Services in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms, and that Particle Programmatica is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).  Particle Programmatica reserves the right to block, filter or delete unsolicited e-mail.

You have sole responsibility for adequate protection and backup of data and/or equipment You use in connection with the Website.

Particle Programmatica reserves the right at all times to disclose any information as Particle Programmatica deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Particle Programmatica's sole discretion.

You understand that by using the Website, You may be exposed to Content from others that is offensive, indecent or objectionable.

The Service may include certain services that are available via your mobile phone (the "Mobile Services"). Your carrier's normal messaging, data and other rates and fees will apply when you access and use the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Particle Programmatica account information to ensure that your messages are not sent to the person that acquires your old number.

2.	USER ACCOUNTS

As a user on the Website, you will represent yourself accurately and truthfully at all times.  You grant Particle Programmatica the right to independently verify any information that you post on the Website about yourself, although Particle Programmatica does not routinely undertake any verification.  Particle Programmatica reserves the right to constitute classes of users of the Website, granting access to certain areas of the Website only to certain users.

If any of the Services on the Website requires You to open an account, You must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information to keep it true, current, complete and accurate.  You may also choose a password and a user name.  You are responsible for maintaining the confidentiality of any password(s) You are given to access any part of the Website, and You are fully responsible for all activities that occur under Your password(s).  You are entirely responsible for any and all activities that occur under Your account, and agree to notify Particle Programmatica immediately of any unauthorized use of Your account or any other breach of security.  Particle Programmatica 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 Particle Programmatica 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.  If You provide any information that is false, inaccurate, out of date, or incomplete, or Particle Programmatica has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Particle Programmatica may suspend or terminate Your account and refuse any and all current or future use of the Services or any portion thereof.  

3.	DOCUMENTS AVAILABLE ON THE WEBSITE

Particle Programmatica grants You permission to use documents (such as FAQs, white papers, datasheets, and press releases) available on the Website (collectively, "Documents"), provided that: (i) You will not modify the Documents; (ii) Your use of the Documents is for informational, personal, and non-commercial purposes only and Documents will not be posted on any network computer or broadcast in any media; (iii) You will display the below copyright notice and other proprietary notices on every copy You make; and (iv) You agree that Particle Programmatica may revoke this permission at any time and You shall immediately stop Your activities related to this permission upon notice from Particle Programmatica.  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.

The permission above to use documents and publications does not include permission to copy the design elements, the look and feel, or the layout of this Website.  Those elements of the Website are protected by law, such as 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 the Website may be copied or retransmitted unless expressly permitted by Particle Programmatica in writing.

THE DOCUMENTS ARE PROVIDED "AS IS" FOR INFORMATIONAL PURPOSES ONLY.  Particle Programmatica MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DOCUMENTS, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4.	CONTENT YOU SUBMIT

Always use caution when giving out any personally identifiable information about Yourself or Your children in any Services.  Particle Programmatica does not control or endorse the content, messages or information found in any Services and, therefore, Particle Programmatica specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services.

Particle Programmatica does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content.  Unless otherwise stated herein, or in Particle Programmatica's Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis.  Particle Programmatica shall be free to use or disseminate any such Content on an unrestricted basis for any purpose, and You hereby grant Particle Programmatica and all other users of the Website an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish and otherwise exploit such Content (including in digital form).  You represent and warrant that You have proper authorization for the worldwide transfer and processing among Particle Programmatica, its affiliates, and third-party providers of any Content that You may provide on the Website.  

Please remember that any information that is disclosed in public forums on the Website becomes public information and you should exercise caution when deciding to disclose your personal information.  You may use an alias when posting personal information on the message boards.

Particle Programmatica WILL TREAT ANY MESSAGE BOARD POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY.  IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE.  YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.

No compensation will be paid with respect to the use of Your Content.  Particle Programmatica is under no obligation to post or use any Content You may provide and Particle Programmatica may remove any Content at any time in its sole discretion.  

By placing any Content on the Website that contains music, sound recordings, literary works, images, photographs, graphics or pictures ("Works"), You represent and warrant that: (i) You are the copyright owner of such Works, or that the copyright owner of such Works has granted You permission to use such Works or any content and/or images contained in such Works consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website; (ii) You have the rights necessary to grant the licenses and sublicenses described in these Terms; and (iii) that each person depicted in such Works, if any, has provided consent to the use of the Works as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Works.

This section is not applicable to any personally identifiable information that You provide in connection with Your registration for the Services.  For terms and conditions governing the use of such information and for more information on how the Services work, please refer to the Privacy Policy.

Unless Particle Programmatica has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Particle Programmatica in connection with this Website or the Services ("Submissions") will be deemed to be provided to Particle Programmatica on a non-confidential and non-proprietary basis and will become and remain the property of Particle Programmatica.  Particle Programmatica shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation.  You also agree that Particle Programmatica shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.

NEITHER Particle Programmatica NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.  PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS.  THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Particle Programmatica'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Particle Programmatica.  PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Particle Programmatica OR ANYONE AT Particle Programmatica.  IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Particle Programmatica MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

You agree to indemnify, defend and hold Particle Programmatica, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of Your Content, Your use of the Website, including any use by Your employees, Your connection to the Website, Your violation of the Terms, or Your violation of any rights of another.

5.	NOTICES; MODIFICATION OF TERMS AND/OR SERVICES

Particle Programmatica may provide notice to You via email, regular mail, or posting notices or links to notices on the Website.  Particle Programmatica reserves the right at any time to modify, suspend or terminate the Services or Content (or any part thereof), and/or Your use of or access to them, with or without notice.  Particle Programmatica will not be liable to You or any third party for any modification, suspension, or termination of the Services or Content, or loss of related information.  

Particle Programmatica may wish to update or change the terms, conditions, and notices for the Website or the Services from time to time to reflect changes in the Website or the Services, changes in the laws affecting the Website or the Services, or for other reasons.  You understand that Particle Programmatica reserves the right to make these changes and that You are responsible for regularly reviewing these terms, conditions, and notices.  Continued access to or use of the Website or the Services after any such change shall constitute Your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Website or the Services shall be subject to the Terms, as modified from time to time.

6.	CONTENT PROVIDED VIA THIRD PARTY LINKS

This Website may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via "inverse" hyperlinks and framing technology (each a "Linked Website").  Particle Programmatica has no discretion to alter, update, or control the content on a Linked Website, and is not responsible if any Linked Website is not working appropriately.  Particle Programmatica is not responsible for webcasting or any other form of transmission received from Linked Websites.  Particle Programmatica is providing these links to You as a convenience only, and the fact that Particle Programmatica has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.  There are inherent risks in using, retrieving, or relying upon any information found on the internet, and Particle Programmatica urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Website.  Particle Programmatica will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.  

Particle Programmatica may run advertisements and promotions from third parties on the Website.  Your correspondence or business dealings with, or participation in promotions of, advertisers other than Particle Programmatica found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser.  Particle Programmatica is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Particle Programmatica advertisers on the Website.  

7.	INTELLECTUAL PROPERTY RIGHTS

All materials contained in the Website are the copyrighted property of Particle Programmatica, affiliated companies and/or third-party licensors.  All trademarks, service marks, and trade names are proprietary to Particle Programmatica, or affiliated companies and/or third-part licensors.

Except as expressly authorized in writing by Particle Programmatica or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means.  You must not modify, decompile, or reverse engineer any software Particle Programmatica discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.  

Particle Programmatica may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services.  Except as expressly provided in these Terms, the provision of the Services and the furnishing of such Web pages to You does not give You any license to these patents, trademarks, copyrights, or other intellectual property.  Any rights not expressly granted herein are reserved.

"Particle Programmatica Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Particle Programmatica uses in connection with its products and services.  You may not remove or alter any Particle Programmatica Trademarks, or co-brand Your own products or material with Particle Programmatica Trademarks, without Particle Programmatica's prior written consent.  You acknowledge Particle Programmatica's rights in Particle Programmatica Trademarks and agree that any use of Particle Programmatica Trademarks by You shall inure to Particle Programmatica's sole benefit.  You agree not to incorporate any Particle Programmatica Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. 

Any Software which is downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

8.	DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.  THE WEBSITE, INCLUDING THE SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.  Particle Programmatica DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  Particle Programmatica MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.  

Particle Programmatica MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS ; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (iv) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.  

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, CONTENT AND DOCUMENTS.  THE WEBSITE, CONTENT AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS.  Particle Programmatica ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

Particle Programmatica DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (ii) ANY CONTENT PROVIDED ON LINKED WEBSITES, OR (iii) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.

Particle Programmatica MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, CONTENT, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.

OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL Particle Programmatica BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED WEBSITE.  IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE, INCLUDING WITHOUT LIMITATION MEDICAL DOCTORS, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

9.	TERMINATION AND RESTRICTION OF YOUR ACCESS

Particle Programmatica reserves the right, in its sole discretion, to terminate Your access to the Services or any portion thereof at any time, without notice.

Particle Programmatica may also terminate or suspend Your access to the Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Particle Programmatica in its sole discretion.  Upon termination of Your account, Your right to use the Services immediately ceases.

10.	LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, Particle Programmatica SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Particle Programmatica HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iv) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.  

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Particle Programmatica'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.  

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.  

11.	PRIVACY AND PERSONAL INFORMATION

You consent to the collection, processing and storage by Particle Programmatica of Your personal information in accordance with the terms of Particle Programmatica's Privacy Policy.  You agree to comply with all applicable laws and regulations, and the terms of Particle Programmatica's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Website.  

12.	NOTICE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Particle Programmatica will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").  Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Website: 

Service provider(s):
Particle Programmatica

Name of agent designated to receive notification of claimed infringement:
Particle Programmatica
Attention: Legal Department

Full address of designated agent to which notification should be sent:
360 Ritch Street, 3rd Floor
San Francisco, CA 94107

E-mail address of designated agent:
info@particularplace.com

To be effective, the notification must include the following: 
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.  
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.  
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.  
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  

13.	APPLICABLE LAW

California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website.  Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms.  You and Particle Programmatica agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California, U.S.A.  

Particle Programmatica makes no representation that the content in this Website is appropriate for access outside of the United States.  Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.  You agree to submission of any dispute to the state and federal courts of the State of California and County of Santa Clara, USA.  

14.	GENERAL TERMS

No modification to the Terms will be binding, unless in writing and signed by an authorized Particle Programmatica representative.  You must not assign or otherwise transfer the Terms or any right granted hereunder.  

You agree that any material breach of Sections 1, 2, 3, 4, and 7 of the Terms will result in irreparable harm to Particle Programmatica for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Particle Programmatica will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.  You waive any requirement for the posting of a bond or other security if Particle Programmatica seeks such an injunction.  

Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries.  You agree to comply strictly with all such laws and, in particular, shall: (i) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (ii) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (iii) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.  

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.  

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.  If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.  

Particle Programmatica's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Particle Programmatica's right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Services or information provided to or gathered by Particle Programmatica with respect to such use.  

A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Copyright © 2009 Particle Programmatica.  All Rights Reserved.  

Effective Date: July 2, 2008 
Previous Modification: July 2, 2008