At Abaqus, we put the highest importance on safeguarding our users’ privacy and providing our users with the controls needed to manage their own privacy settings.
This Privacy Policy describes how we gather, use and safeguard the information received from our users of the service at the following websites: www.abaq.us, www.abaqus.net (“Abaqus”). The policy is a part of our Terms of Use and Membership agreement.
By using Abaqus you agree to the terms of this Privacy Policy.
This Privacy Policy does not apply to other companies’ or organizations’ web sites to which we link. You should carefully review the privacy policies of those web sites in order to determine how they treat your personal information.
You can use Abaqus to store geo-centric data about your adventures, favorite places and even where you are. You can specify whether any of this information is available to the public and which other users will have access to your information. The default setting is that all your information is personal / private until explicitly shared and published (see help docs on how to share and publish your tracks)
We collect your personal information. When you register, you give us your name, your login password, email, phone, zip code , mailing address and a list of few favorite places (optional) such as work, gym etc. This information can be updated at any time by going to the profile tab once you have logged on. Users will be able to download an application to their desktop to help them upload their geo-data.
When another person joins Abaqus, they will not automatically know that you are also a member. They will know you are a member only if you send them an invitation to become an Abaqus member OR you publicly share your geo-tracks with the web at large. In the future, we will also implement some community / group features where users can share certain tracks with Abaqus Group members.
Disclosure and Use of Information
We will only display your personal information on your profile according to the preferences you set. Currently only your login name is displayed as an author on any shared track. In the future, we will allow you to share other information with your preferred network of users
We will use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are. You will be able to control the types and frequencies of certain emails you receive in your email preferences.
When you and others visit Abaqus you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and web site use information collected by us as you interact with our web site.
We gather certain generic information with respect to the use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web site that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate – that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our users use certain parts of our web site, which, in turn, enables us to make it as appealing as possible.
We may also provide statistical "ratings" about how our users collectively use our web site to advertisers, sponsors, and other companies with which we do business. We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about you or any of our users.
We use a technology nicknamed "cookies" on our web site. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. We use cookies to make your visit to our web site easier. For example, cookies allow us to recognize you when you re-enter our web site so that you will not have to sign-in each time you visit. Cookies also allow us to count the number of unique and return visitors who use our site.
Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use certain features on our web site if you choose not to accept cookies.
When you use Abaqus, you may set up your personal profile, location information etc. We collect this information so that we can provide you the service and offer personalized, location-centric features. In most cases, we retain it so that, for instance, you can return to view prior tracks you were viewing OR editing. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Limitations
Although we allow you to set privacy options that limit access to your data, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that user content you post on the web site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the web site. You understand and acknowledge that, even after removal, copies of user content may remain viewable in cached and archived pages or if other users have copied or stored your user content. Any improper collection or misuse of information should be reported to privacy@abaq.us_.
Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is a) reasonably necessary to offer the service, b) legally required or, c) permitted by you e.g. publishing an RSS feed on your geo-tracks.
Your use of Abaqus, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES YOUR BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITION, YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY.
By accessing, browsing and/or using this Web site (the "Site"), you acknowledge that you have read, understand, and agree to be bound to these Terms of Service (“Terms”) and to comply with all applicable laws and regulations relating to your use of the Site. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site. Any changes to these terms become effective 24 hours after they are posted on the Site. You must check this page frequently in order to be aware of any changes to our terms.
Your Use of the Site
Abaqus hereby grants you a limited license to use the features and services provided by Abaqus on this Site (collectively the "Services") solely for your personal, non-commercial use, subject to these Terms. No other use of the Site or Services is authorized. Framing of the Site or Site Materials or posting of Materials on other Web sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site are the subject of intellectual property rights reserved by Abaqus or third parties. Except for the limited license granted above, nothing contained in these Terms and Conditions shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Abaqus or any third party.
Registration
You will need to register for an Abaqus account in order to use our Services. At the time of registration, you will obtain a username and password. You should keep your user name and password in a safe, secure place, and you should not share them with others. You are solely responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for any usage of your account by any person, regardless of whether you have authorized such use or not. We have no obligation to investigate any claim that your user account was used by another person without your consent. If you believe that your user account is being used in an unauthorized manner, you agree to contact Abaqus as soon as possible so that the appropriate modifications can be made to your user name and/or password. All registration information provided by you shall be subject to Abaqus's Privacy Policy or any successor policy.
Trademarks
Abaqus™, the Abaqus logo and other Abaqus logos and product and service names are trademarks of [Abaqus, Inc.] Use of Abaqus trademarks and service names as meta-tags for search engines is strictly prohibited. All rights are reserved by Abaqus. Other trade names and logos appearing on the Site may be owned by third parties.
Acceptable Use Policy
Abaqus does not ordinarily monitor the content of users' messages or content, and has no responsibility to do so. Nonetheless, we reserve the right to investigate reports of misuse of the Service and to protect its property and assets.
The following conduct is prohibited on the Service:
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory or libelous messages;
- distributing copyrighted content without permission of its owners, or otherwise violating any trademark, trade secret, copyright, right of publicity, patent or other right of any other person or entity;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- impersonating, or falsely indicating an affiliation with, any person or entity, including implying any affiliation with Abaqus;
- sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
- attempting to conceal or misrepresent the identity of the sender.
Violations of Abaqus's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from further use of the Service. Abaqus may disable the sender's account without compensation or refund. ABAQUS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING THEIR LEGAL COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY ABAQUS TO ADDRESS PAST VIOLATIONS OF THE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SITE OR THE SERVICES, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Spam
You may not use this Site to send messages to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of any messages is strictly prohibited. Abaqus reserves the right to limit, in its sole discretion and without prior notice to you, the number of messages that you may send using the Site and/or the number of recipients to which you send such messages.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
Abaqus may feature on its Site, or in its communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH ABAQUS. ABAQUS MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. ABAQUS WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY ABAQUS ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
Creating Your Own Content
Abaqus may allow you to upload your own information or materials. If we offer any of these functions and you use them, you must do so in compliance to the conditions outlined in these Terms. We refer to any videos, audio, photos, images or other materials that you upload to the Site or transmit using the Services, including any modifications you make to Abaqus content, as “User Materials.” When you upload your own User Materials to the Site or transmit such User Materials using the Services you are indicating that you own the videos, audio, photos and/or images and/or have full rights to their use.
In particular, you agree that you will be solely responsible for your own User Materials and the consequences of distributing your User Materials using the Service. You expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Abaqus to use all User Materials, for all applications contemplated by these Terms of Use.
Warranty Restriction; Limitation of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. ABAQUS IS NOT RESPONSIBLE FOR ANY FAILURE OF MESSAGES SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER ABAQUS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF ABAQUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT ABAQUS AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU TO ABAQUS.
NEITHER ABAQUS NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS ABAQUS AND ITS AFFILIATES AND PARTIES WITH WHOM ABAQUS HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE OR DISTRIBUTED BY YOU ON THE SITE OR USING THE SERVICES.
International Use
Neither Abaqus nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless Abaqus and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. This includes, without limitation, (i) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right, by uploading or distributing User Materials or otherwise; and (ii) any claim that any of User Materials you upload and distribute on the Site or using the Services caused damage to a third party. You shall cooperate as fully as reasonably required in defense of any such claim. Abaqus reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by Abaqus
In the event Abaqus determines, in its sole discretion, that you have violated these Terms, Abaqus shall have the right to immediately terminate your account (with or without refund), refuse membership, or block you use of our Site, and/or pursue any other remedies available to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and Abaqus will be submitted to binding arbitration in San Mateo, California in accordance with the JAMS standard rules then in effect for arbitration of commercial disputes.
Updates to Terms
Abaqus shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore frequently visit this web page to determine the then-current Terms to which you are bound.
Privacy Policy
The terms of our Privacy Policy can be found by clicking here.
Age Limitation
Our Site and Services only available to users who are over the age of 18, or emancipated minors, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms & Conditions. Notwithstanding the foregoing, if you are less than 13 years of age, you may not register for or use the Site or the Services under any circumstances.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Abaqus's Designated Agent:
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the Abaqus Site sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.