Terms of Service
Last revised: August 29, 2013
1. Your Acceptance of Terms
The following Terms of Service (“Terms”) are between you and RPX Corporation (“RPX”, “we” or “us”) and constitute a legal agreement that governs your use of all RPX websites and all services offered through the RPX websites (such websites and services collectively referred to as the “Service”). You must agree to these Terms before you can use the Service. You can agree to these Terms by: (a) actually using the Service, including, without limitation, accessing any RPX website, or (b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following Terms, you may not use the Service and must leave any RPX website. These Terms do not govern your use of the PriorSmart service, as discussed in Section 8 below.
To use and/or register for the Service you (a) must be of legal age to form a binding contract with RPX, and (b) cannot be a person or entity barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside, are incorporated, or from which you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
Changes to Terms
RPX may update or change the Terms from time to time and recommends that you review the Terms on a regular basis. You can review the most current version of the Terms at any time here. If RPX makes a change to the Terms, we will post the revised Terms on our website at the address noted above. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised. Without limiting the foregoing, if RPX makes a change to the Terms that materially impacts your use of the Service, RPX may post notice of any such change on our website and/or via email at the email address you provide to us.
2. RPX Service
Changes to the Service
RPX reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may post on our website notice of such changes to the Service. It is your responsibility to review our website for any such notices. You agree that RPX shall not be liable to you or any third party for any modification or cessation of the Service, in whole or in part.
Limitations on Use
You agree to use the Service only for purposes as permitted by these Terms and in accordance with any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
RPX may provide you with an individual user ID (each a “User ID”) for access to certain parts of the Service. A User ID may only be used by the individual to whom it is issued, and, subject to RPX's right to terminate access as set forth below, that individual may only use such User ID while he or she is employed by the company for which such access was authorized by RPX.
As between you and the company with which you are employed, such company will have full control over your User ID, and RPX may, in its sole discretion or at the request of such company, at any time terminate your ability to access those aspects of the Service that can only be accessed through a User ID. If such company ceases to be a member of RPX or you cease to be employed by such company, we may terminate your ability to access those aspects of the Service that can only be accessed through a User ID.
In limited circumstances, RPX may provide an attorney with a User ID when that attorney acts as outside legal counsel in patent-related matters for the company for which such User ID was authorized by RPX. If you are an attorney to whom such a User ID is issued, you may use the User ID, and any Content that you access through the User ID, only for the benefit of such company and in the course of performing services for such company (and such use will be deemed “internal use” for purposes of Section 5 below). As between you and the company, the company will have full control over the User ID, and RPX may, in its sole discretion or at the request of the company, at any time terminate your ability to access those aspects of the Service that can only be accessed through a User ID. If the company ceases to be a member of RPX, or if you cease to act as outside legal counsel in patent-related matters for the company, RPX may terminate your ability to access those aspects of the Service that can only be accessed through a User ID. Notwithstanding anything to the contrary in these Terms, in no event may you use the User ID, or any Content that you access through the User ID, for the benefit of any person or entity other than the company for which your User ID was authorized by RPX.
Upon receiving your User ID, you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you (together with your company if you are an individual who registers for a User ID) are solely responsible and liable for any activities that occur under your User ID. Each company will be responsible for all activity that occurs under each of its employee's and attorney's User IDs. If you suspect or become aware of any unauthorized use of any User ID, or if you become aware that any employee or attorney with an active User ID ceases to be employed or engaged by the company for which such User ID was authorized by RPX, please notify us at email@example.com.
You agree that all information you provide to RPX during the registration process (“Registration Data”) will be accurate, complete and current information, and that you will maintain and update the Registration Data as needed to keep it accurate and current. Failure to provide accurate, current and complete Registration Data could result in the suspension and/or termination of your ability to access all or portions of the Service.
“Content” means any information that may be viewed, accessed, downloaded, uploaded, posted, generated or submitted through the Service, such as data files, written text, graphics, images, sounds, videos, messages and any other like materials, including any information derived from any of the foregoing. “RPX Content” is any Content that is provided to you by RPX through the Service.
Your Use of RPX Content
You are permitted to store, display, analyze, modify, reformat, and print RPX Content only for your own internal use. You are not permitted to publish, transmit, or otherwise reproduce or disseminate RPX Content, in whole or in part, in any format, to or for any third party (including, without limitation, any of your affiliates, consultants, or attorneys) without the express prior written consent of RPX. You agree that you will not sell, resell, rent, lease or trade the Service (including, without limitation, the Content or any part thereof) for any purpose. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with RPX Content.
RPX Proprietary Rights
You acknowledge and agree that RPX and/or its licensors own all legal right, title and interest in and to the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the RPX Content) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. These Terms are not intended to, and will not, transfer or grant any rights in or to the RPX Content other than those which are specifically described herein, and all rights not expressly granted herein are reserved by RPX and/or its licensors.
If you post or upload Content through the Service, you grant RPX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media known now or in the future. Notwithstanding the foregoing, with respect to any Content consisting of letters or similar communications that you post or upload through the RPX “My Assertions” service (or that RPX uploads for you at your request), RPX will not disclose copies of such letters to third parties that are not affiliated with your company, but RPX may freely disclose the following information (without identifying you or your company as the recipient of the letter): (a) the patents referenced in the letter, (b) the person or entity that sent the letter and its counsel and affiliates, (c) the date of the letter, and (d) any other information contained in or related to the letter provided that it is disclosed in aggregated and anonymized form. You represent and warrant that you own or otherwise control all of the rights to the Content that you post or upload through the Service; that the Content is accurate; that use of the Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify RPX for all claims resulting from Content you post or upload. RPX has the right but not the obligation to monitor and edit or remove any activity or Content on or through the Service. RPX takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party.
Copyright Notice – DMCA
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, you may notify us pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to have been 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 us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringe.
The written communication should be sent to our Designated Copyright Agent at the following address:
One Market Plaza
Steuart Tower, Suite 800
San Francisco, CA 94105
Attention: Designated Copyright Agent
One Market Plaza
Steuart Tower, Suite 800
San Francisco, CA 94105
Attention: Designated Copyright Agent
6. Trademark Information
RPX, the RPX logo and other RPX trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of RPX Corporation in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license under these Terms in any trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
RPX may at any time, without prior notice, immediately terminate or suspend all or a portion of your access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your registration; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; (h) failure to pay any membership fees owed by the company with which you are employed in relation to the Service; or (i) as set forth elsewhere in the Terms. Any such termination or suspension shall be made by RPX in its sole discretion, without any monetary liability to you, and RPX will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Service.
8. Links and Third-party Materials; PriorSmart Service
Certain Content or other features of the Service may include materials from third parties and/or links to certain third party websites. Because RPX may have no control over such third party materials and/or websites, you acknowledge and agree that RPX is not responsible for the availability of such materials and websites, and does not endorse or warrant the accuracy of any such materials and sites, and shall in no way be liable or responsible for any information, advertising, products or materials on or available from such materials or sites.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; OR (C) ANY CONTENT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
THE SERVICE AND ALL CONTENT THEREIN HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY WITHOUT REGARD TO ANY PARTICULAR USER'S OBJECTIVES. THE SERVICE AND THE CONTENT THEREIN IS NOT TO BE CONSTRUED AS A RECOMMENDATION, AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL ANY INTELLECTUAL PROPERTY OR OTHER ASSETS OR SERVICES. ALTHOUGH THE SERVICE IS BASED UPON INFORMATION THAT RPX CONSIDERS RELIABLE AND ENDEAVORS TO KEEP CURRENT, RPX DOES NOT REPRESENT THAT THE SERVICE OR ANY CONTENT THEREIN IS ACCURATE, CURRENT, OR COMPLETE, AND IT SHOULD NOT BE RELIED UPON AS SUCH.
THE FACT THAT RPX HAS MADE THE SERVICE AVAILABLE TO YOU DOES NOT CONSTITUTE A RECOMMENDATION THAT YOU ENTER INTO A PARTICULAR TRANSACTION OR PURSUE ANY PARTICULAR LEGAL ACTION. THE SERVICE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO CONSTITUTE, AND SHOULD NOT BE CONSTRUED AS, LEGAL OR FINANCIAL ADVICE ON ANY SUBJECT MATTER. THEREFORE, YOU SHOULD NOT CONSIDER THIS INFORMATION TO BE AN INVITATION TO AN ATTORNEY-CLIENT RELATIONSHIP. YOU SHOULD ALWAYS SEEK THE LEGAL ADVICE OF COMPETENT COUNSEL IN YOUR JURISDICTION. RPX IS NOT A LAW FIRM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH INTHIS SECTION 9, OR THE LIMITATION OF LIABILITY SET FORTH IN SECTION 10 BELOW. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS IN THIS SECTION 9 OR IN SECTION 10 BELOW ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, THOSE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
THE CUMULATIVE LIABILITY OF RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE SERVICE WILL NOT EXCEED A TOTAL OF US$1000. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RPX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF RPX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE (B) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (C) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.
You will indemnify and hold us (and our affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors) harmless from and against any loss, claim or demand, including reasonable attorneys' fees, arising out of or relating to your breach of these Terms or your violation of any law or the rights of RPX or any third party.
Except as explicitly stated otherwise, legal notices shall be sent to RPX at the following address: One Market Plaza, Steuart Tower, Suite 800, San Francisco, CA 94105, Attention: General Counsel. Notice shall be deemed given upon receipt.
13. Governing Law
These Terms and the relationship between you and RPX shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City and County of San Francisco, California, to resolve any dispute or claim arising from these Terms.
These Terms constitute the entire agreement between you and RPX, govern your use of the Service and completely replace any prior agreements between you and RPX in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You may not assign your rights or obligations hereunder, by operation of law or otherwise. RPX may freely assign its rights and obligations hereunder. The failure of RPX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms will survive notwithstanding any termination of your access to all or any portion of the Service. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
© Copyright 2013 RPX Corporation. All rights reserved.