Terms and Conditions of Use

These Terms and Conditions of Use (the "Terms of Use") apply to CodeDrive web site (the "Site") located at www.codedrive.com.

Please read this Terms of Use attentively before using the Site.

Using the Site will be considered that you accept these Terms of Use and agree to adhere to a policy. IF YOU DO NOT AGREE TO THIS TERMS OF USE, DO NOT USE THE SITE.

CodeDrive reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Use of the Site

CodeDrive grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site in accordance with this Terms of Use.

All program software, text, artwork, graphs, charts, reports, computer code and etc. (collectively, the "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is destined to your personal, non-commercial using. The Content published on this Site may be reproduced, distributed or incorporated into any information retrieval system, electronic or mechanical in unmodified form for personal non-commercial use only. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

You may not change the Content of this Site, do not copy, reproduce, create derived works and save the Content; you can not make a demonstration, publish and spread other way any Content with commercial purpose. In addition you may not place any part of the Content at net forums, conferences, third-party Web sites and inscribe it in mailing list without direct preliminary written consent of CodeDrive. In any case when you need CodeDrive consent you may write to support@codedrive.com

Intellectual Property

The Site Content is protected by copyright and any unapproved using of the Content will entail violation of copyright and trademark and other statutes. Copyright, trademark and all other proprietary rights in the Content rests with CodeDrive or its licensors. Any rights not expressly granted herein are reserved. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that CodeDrive may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to CodeDrive, for which monetary damages would be inadequate, and you consent to CodeDrive obtaining any injunctive or equitable relief that CodeDrive deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CodeDrive may have at law or in equity.

Trademarks

CodeDrive, codedrive.com, ActiveSWF, activeswf.com, RIO SDK are the trademarks or registered trademarks of CodeDrive in the United States and/or other countries. CodeDrive products referenced herein are either registered trademarks or trademarks of CodeDrive.

Third Party Trademarks

Microsoft, VisualStudio, and the Office logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. Flash is a registered trademark of Adobe Systems, Inc. in the United States and/or other countries. All other trademarks, registered trademarks, trade names, product names and logos, contained in this Site are properties of their respective owners.

CodeDrive products referenced herein are either registered trademarks or trademarks of CodeDrive . The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Privacy Policy

By accessing the Site you agree that you have read, understand and agree to the CodeDrive Privacy Policy, which is a part of this Agreement. CodeDrive may change the Privacy Policy at any time without notice.

Use of Communication Services

The Communication Services may contain e-mail services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict, prevent or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

CodeDrive has no obligation to monitor the Communication Services. However, CodeDrive reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CodeDrive reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Modification

CodeDrive reserves the right to do any of the following, at any time, without notice:

to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
to modify, change or delete any Content, or any portion of the Content appearing on the Site;
to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Links to the Third Party Sites

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under control of CodeDrive, and CodeDrive is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Unsolicited idea submission policy

CodeDrive or any of its employees do not 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, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CodeDrive's products or marketing strategies might seem similar to ideas submitted to CodeDrive. So, please do not send your unsolicited ideas to CodeDrive or anyone at CodeDrive. If, despite our request that you not send us your ideas and materials, you still send them, please understand that CodeDrive makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Unlawful or Prohibited Use

You must not use this Site with unlawful purpose. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site, or that interferes with any third party's use and enjoyment of this Site. You agree that you will not modify or cause to be modified any files that are available on the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Any attempt by you to damage or undermine the legitimate operation of the Site is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, CodeDrive reserves the right to seek damages from any such user to the fullest extent permitted by law. CodeDrive reserves the right to bar any such activity.

Indemnity

You agree to indemnify and hold CodeDrive, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against CodeDrive by any third party due to or arising out of or in connection with your use of the Site.

Disclaimers

CodeDrive does not promise that the Site or any Content, service or feature of this Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The Site and its Content are delivered on an "as-is" and "as-available" basis. All information provided on the Site is subject to change without notice. CodeDrive cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. CodeDrive disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. CodeDrive disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any CodeDrive services. You assume total responsibility for your use of the Site and any linked sites. Your sole remedy against CodeDrive for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between CodeDrive and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.