Introduction Welcome to the unevenlydistributed website at www.unevenlydistributed.com (the "Website"). This Website is owned and operated by Cognizant Technology Solutions Corporation ("Cognizant"), located at Glenpointe Centre West, 500 Frank W. Burr Blvd., Teaneck, New Jersey 07666. If you have any questions regarding this Website, they can be sent to the attention of our Customer Service Representative at this address. Through this Website, you may, among other things, create professional profiles, connect with other members, access featured information, and participate in forums. We hope that you will enjoy our Website and will visit us often. So that you may fully enjoy our Website, we would like you to be aware of the rules that will govern your use of the Website.
No Warranties Although Cognizant attempts to provide and accurate information, names, images, pictures, logos, icons, documents, materials and Member Content (collectively, the "Contents") on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose.
The Website and its Contents are provided on an "as is" basis. Use of the Website and its Contents is at the member's sole risk. The Website and its Contents are provided without any representations, endorsements, or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. As noted below, Cognizant also makes no representations, endorsements, or warranties, either express or implied, with respect to any website operated by a third party. Cognizant is not responsible, and makes not representations or warranties for the delivery of any messages sent through the Website to anyone. In addition, we neither warrant nor represent that your use of the Website will not infringe the rights of third parties. AAny material or service used or described on the Website may be subject to intellectual property rights owned by third parties who have licensed Cognizant such material or service.
Limitation of LiabliityIn no event will Cognizant be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the Website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Cognizant is aware of the possibility of such damages.
Use of Website, Member ContentYou are solely responsible for your interactions with other members of the Website. Cognizant reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Cognizant determines, in its sole discretion, that doing so is prudent.
Certain Content is provided on the Website solely for the personal use of Website members. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of Cognizant, which may be withheld in its sole discretion. If you choose to submit materials to the Website (including, without limitation, any member generated content, posts, concepts, or techniques)("Member Content"), you hereby grant a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid-up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or any third parties. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. Cognizant exercises no control over any content you or others submit when using the Website. Content submitted to the Website may be taken down per the request of the member who submitted this content. For such requests, please contact email@example.com.
Copyrights and Other Intellectual Property Except for Member Content and where otherwise expressly noted, all Contents of this Website, including white papers, case studies, graphics, icons and overall appearance of the Website, are the sole and exclusive property of their respective Trademark owners.
Digital Millennium Copyright Act A. If you are a copyright owner or an agent thereof and believe that any Member Content or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature 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;
- A description of where the material that you claim is infringing is located on the Site;
- 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.
Cognizant's designated Copyright Agent to receive notifications of claimed infringement is: Steven Schwartz, 500 Frank W Burr Blvd, Teaneck NJ 07666 email: firstname.lastname@example.org , fax:201-801-0243. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to email@example.com . You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Member Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Cognizant may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
If a counter-notice is received by the Copyright Agent, Cognizant may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cognizant's sole discretion.
Links to Other Websites Cognizant or unevenlydistributed members may establish links between this Website and one or more Websites operated by third parties. Cognizant has no control over any such other Websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Cognizant of such Websites, the contents of the Websites, the products or services of the Websites or the operators of the Websites. Cognizant disclaims responsibility for the privacy policies and customer information practices of third-party internet sites hyperlinked to our sites.
Modifications Cognizant may, at any time, make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Waiver No waiver by Cognizant of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Service Contact Should you have any questions or concerns, you may contact Cognizant by e-mail at firstname.lastname@example.org .