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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.


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Trademarks
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The Ideum and GestureWorks® trademarks are the property of Ideum.

3M™ is the registered trademark of 3M corporation. Windows® 7, 8 and 10 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 Creative Suite, Adobe Creative Cloud 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.


Website
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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.

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, 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.

Hardware and Software Terms of Use and Warranties

Eclipse Megamovie
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Privacy and Liability

Types of information we collect:

Customer Identifiable Information
The only customer-identifiable information collected by Eclipse Megamovie Mobile is the user’s Google username. This information is only retained when users opt in to contribute their photographs and location data to Google as part of the Megamovie Project.

Network and Device Information
When users opt in to the Megamovie Project and contribute their eclipse images and associated data, Eclipse Megamovie Mobile collects information about your device and location. This may include your location via GPS coordinates, cell tower “pings,” Internet protocol (IP) addresses, the type of Internet browser you are using, the type of operating system you have configured on your phone, the domain name of the website and/or Internet Service Provider (ISP) from which you are linked to our website, the model of phone that you are using, information about the camera and storage on your device, device identifier (“UDID”), web browsing and wireless application use information, and date/time stamps on contributed photographs.

How information is used and shared:

All information gathered by Eclipse Megamovie Mobile is used for scientific research purposes only.

Eclipse Megamovie Mobile will not sell, trade, or disclose any customer identifiable information derived from using the app without the consent of the user. The only exceptions to this policy would occur to investigate and help prevent potential fraud, other unlawful activity or activity that threatens a service network; as required by law, such as to comply with a subpoena, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; to any other third party with your prior consent to do so.

Limitation of Liability:

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

Without limiting the foregoing, and to the extent permitted by law, the functions contained in this app, the operations of this app, and all content on this app 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 this app, be liable for any direct, incidental, or consequential damages resulting from the use of this app 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 app 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 app exceed any compensation you pay, if any, to Ideum for access to or use of the app.

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