These Trivium Terms of Use (the “Terms”) apply to the Trivium web site located a www.Trivium.com,and all associated sites linked to www.Trivium.com by Trivium, its subsidiaries, partners and their affiliates, including Trivium sites around the world (the “Site”).
The Site is the property of Trivium and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Please read these Terms carefully before utilizing the Site. Trivium and its affiliates ("Trivium" or "we") provides the content on this Site subject to the following terms and conditions (the "Terms"). We reserve the right to and may change these Terms periodically, so please check back from time to time. By visiting and using this Site, you expressly agree to these Terms. If you do not agree with these Terms, please refrain from use of this Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “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 owned, controlled or licensed by or to Trivium, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Trivium and its licensors. You agree that you will not officially attribute any information to Trivium or its licensors in any public medium (e.g., press release, Websites) for advertising or promotional purposes and that you will not imply any endorsement by Trivium or its licensors.
Trivium’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Trivium hereby grants you a limited, non-exclusive, non-transferable license to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. 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 Site Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Trivium reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Trivium server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
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. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Trivium, including any Trivium account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Trivium’s systems or networks, or any systems or networks connected to the Site or to Trivium.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Trivium on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Trivium or others.
You acknowledge and agree that Trivium shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site (including data, images, text and other things embodied therein) in postings, survey responses, and otherwise, and you hereby waive any claims against Trivium for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Trivium's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) could reasonably be viewed as malicious, obscene, threatening, that disparage customers, colleagues or suppliers, or that may constitute harassment or bullying (examples of such conduct might include those meant to intentionally harm reputation or that could constitute or contribute to a hostile work environment on the basis of sex, disability, religion or any other status protected by law); (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false, fraudulent, deceptive or misleading statements under applicable law. Trivium does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Trivium reserves the right to refuse to post, and the right to remove, any information, in whole or in part, which may violate these Terms or applicable law.
Trivium prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Trivium at the website or address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Trivium will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. Sec. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Trivium's contact for submission of notices under this Section 5 is: Legal Department, Trivium Suite #333 W Maude Ave, Suite 207, Sunnyvale, California 94085 USA.
We may provide links to third-party/linked Websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Websites or incorporation through framesets of content supplied by third-party servers. Trivium has no responsibility for these third-party Websites, which are governed by the Terms and privacy policies, if any, of the applicable third-party content providers. Trivium does not warrant or endorse the accuracy or reliability of any of the information, content, advertisements, or other materials contained on, distributed through, linked, downloaded or access from this Site or any such third-party/linked Websites.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Trivium IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Trivium AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OFTHE SITE CONTENT. Trivium SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON THIRD PARTY/LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. Trivium NEITHER WARRANTS THAT THE USE OF THE SITE WILL BE UNINTERRUPED OR ERROR-FREE,NOR THAT ANY ERRORS WILL BE CORRECTED. NEITHER Trivium NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remainder of the provisions of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of California without reference to the principles of conflicts of laws thereof.
You agree to indemnify, defend, and hold harmless, Trivium and its respective officers, directors, employees, agents, suppliers and licensors from and against any and all losses, expenses, claims, damages, costs and expenses, including attorneys’ fees, resulting from any violation of these Terms, your use of the Site, or other violation of law.
