Gestureworks.com License Agreement

Description of Service

Gestureworks.com provides information, downloads, and support for GestureWorks Core, Open Exhibits (now merged with GestureWorks Flash), GestureKey, and GestureWorks Gameplay.

Use of This Site

Your use of this website (“Site”) is subject to the following legal Terms of Use (“Agreement”). Please read this Agreement carefully, as you will be bound by its terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Licensing

Please see the individual licensing agreements for GestureWorks Core, Open Exhibits (now merged with GestureWorks Flash), GestureKey, and GestureWorks Gameplay.

Revisions

We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site.

Ownership

This Site is owned and operated by Ideum Inc., 2469 Corrales Road, Building C, Corrales, NM 87048. If you have any questions about the Site or these Terms of Use, please contact us.

Trademarks

The GestureWorks® and Open Exhibits trademarks are the property of Ideum.

Windows® 7 and 8 operating systems are registered trademarks of Microsoft Corporation in the United States and other countries.

Cinder, openFrameworks, XNA, Unity, Kivy, Java 2D, Processing and Panda3D are the registered trademarks of their respective entities. Adobe Flash, Adobe Flash Builder, Adobe CS4, Adobe CS5 and Adobe CS6 are the registered trademarks of Adobe Inc. Adobe Flash, Adobe Flash Builder, Adobe CS4, Adobe CS5 and Adobe CS6 are the registered trademarks of Adobe Inc.

Other company and product names used herein may be trademarks of their respective owners.

Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Disclaimer & Forum Policy

Ideum maintains this website to provide information relevant for Gestureworks® (gestureworks.com) users. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them. This information is not necessarily comprehensive, complete, accurate or up to date. Ideum/GestureWorks assumes no responsibility for links to external sites over which Ideum/GestureWorks has no control. Individuals may upload files or images that Ideum/GestureWorks has not sanctioned. Ideum/GestureWorks retains the right to remove postings and ban individuals at its discretion. Ideum/GestureWorks accepts no responsibility or liability whatsoever with regard to the content of the Support/Community & Forum areas of the Website.

DMCA TAKE DOWN POLICY

It is Ideum/GestureWorks policy to honor all takedown requests that comply with the notification requirements of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

1. Notification of Copyright Infringement
To file a notification of claimed copyright infringement, you will need to send an email or mail communication that includes substantially all of the information listed below. (Please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner ("authorized person") of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. 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 Ideum/GestureWorks to locate the material. Please provide a URL to help us locate the content quickly.
  4. Information reasonably sufficient to permit Ideum to contact the authorized person, such as an address, telephone number, and, if available, an electronic mail address.
  5. A statement that the authorized person 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notification should be sent via email or mail to the following address:

Ideum Inc.
2469 Corrales Rd.
Building C
Corrales, NM 87048
Email: legal@ideum.com

Please note that the information provided in the written notification may be forwarded to the person responsible for the allegedly infringing activity. Be advised, that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

2. Counter-Notification
When Ideum/GestureWorks receives a DMCA takedown notification of alleged copyright infringement, Ideum/GestureWorks removes the material that is the subject of the notification. Ideum/GestureWorks will contact you about it.

If you believe your content was removed as a result of mistake or misidentification, you may submit a DMCA counter-notification that includes substantially all of the information listed below. (Please see Section 512(g)(3) of the Copyright Act to confirm these requirements):

  1. Your name, address, telephone number and physical or electronic signature;
  2. Identification of the material and its location before removal;
  3. A statement under penalty of perjury that the material was removed by mistake or misidentification; and
  4. Your consent to the jurisdiction of federal district court jurisdiction for the address provided and, if your address is outside of the United States, then you must consent to the jurisdiction of any judicial district in which Ideum resides.
  5. A statement that you will accept service of process from the person who provided notification of claimed infringement.

Such written counter-notification should be sent to our designated agent via email or mail to the following address:

Ideum Inc.
2469 Corrales Rd.
Building C
Corrales, NM 87048
Email: legal@ideum.com

Please note that the information provided in the counter-notification will be forwarded to the person who submitted the DMCA takedown notification. You consent to having your information forwarded if you submit a counter-notification.

Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

Please also be advised that we enforce a policy that provides for the termination of user accounts in appropriate circumstances for users who are repeat infringers.

Limitation of Liability – No Guarantees

There are no guarantees of proper performance of the Site and no guarantees of current or future availability. If you are concerned about the stability, performance, or future availability of the Site, please do not use it.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE, AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

IN NO EVENT SHALL IDEUM, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IDEUM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE IDEUM, GESTUREWORKS, GESTUREML, CREATIVEML, DEVICEML, ACCESSIBILITYML, AND OPEN EXHIBITS WEBSITES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IDEUM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IDEUM FOR ACCESS TO OR USE OF THE SITE.

Privacy

We respect our visitors’ privacy. We will not share email addresses or other personal information with companies outside of Ideum. By subscribing to the newsletter, you agree to receive emails from Ideum. You can unsubscribe from the email list at any time. Email addresses are not published or shown on the Site.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this Agreement and will not affect the validity or enforceability of the remainder of this Agreement.

Last revised: March 6, 2014