Legal

This Website is operated by:

Canto, Inc.

116 New Montgomery, Suite 810

San Francisco, CA 94105

USA

E-Mail: info@canto.com

Phone: 1 (415) 495-6545

Canto, the Canto logo and Cumulus are registered trademarks of Canto, Inc. Other company and product names might be trademarks of their respective owners.

Some product claims and features are not available on all versions of the software and/or may require additional Cumulus add-ons or plug-ins.

Canto Privacy Policy

Last updated on: April 9, 2009

Our Commitment to Privacy

Your privacy is important to us. Canto, Inc. and its subsidiaries (“Canto,” “we,” “us,” or “our”) provide this Privacy Policy to better protect our visitors’ privacy and explain our online information practices and the choices you can make about the way personally identifiable information about you is being collected and used. This Privacy Policy applies to all information collected from you during your use of our Web site, located at http://canto.com (the “Site”). By using this Site or by providing any personally identifiable information to us, you signify your acceptance of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Site.

Purpose of the Site

The main purpose of our Site is to provide information and services to our existing and prospective customers and partners.

Privacy Policy Changes

Please note that we review our privacy policies from time to time, and as such we may revise this Privacy Policy, at our sole discretion, by posting an amended policy on the Site. We ask that you periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Privacy Policy then in effect. You will be able to determine when this Privacy Policy was last revised by checking the “Last updated” information that appears at the top of this page.

The Information We Collect

Personally Identifiable Information: Our Site does not automatically collect any personally identifiable information (information that identifies you or can identify you as an individual) from visitors of the Site. We collect personally identifiable information only when you provide it in the course of interacting with the Site, such as when you subscribe to an email newsletter, apply for a free software trial, sign up for training, request information, register your product, or ask to be contacted by one of our professionals or sales representatives. In so doing, you may be asked to provide personally identifiable information, such as your name, postal address, email address, telephone number, user IDs and passwords, billing and credit card information, and information about your company and title. You may choose not to provide such personally identifiable information, but this may limit our ability to provide you with the requested service or otherwise contact you.

Non-Personally Identifiable Information: As part of administrating the Site, our servers may automatically collect non-personally identifiable information. This is aggregated information or other information that does not identify you, such as the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, your Internet Protocol (IP) address, pages you visited on our Site, and usage patterns of our Site.

Cookies and Tracking Pixels: We also use cookies, tracking pixels and other technologies to track activity on our Site and to enhance the functionality of our Site. Cookies are small pieces of information that our server places on a visitor’s computer hard drive to enable that person to more easily communicate and interact with the Site and to provide us with important information on how visitors use the Site. Tracking pixels (also known as Web beacons, action tags, or transparent GIF files) collect and store information about your visits to Web sites, such as page visits, the duration of the visit, the specific link(s) that you clicked during your visit, and the address of the Web site from which you arrived at the Site. The information collected by such tracking pixels is used in aggregate only for reporting purposes and is not used in connection with your personally identifiable information. Many Web browsers are automatically set to accept cookies. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. Similarly, you may refer to the “help” portion on the toolbar for detailed instructions on enabling and disabling tracking pixels. Please note, however, that if you prevent the setting of cookies or prevent the collection of automatic non-personally identifiable information, you may not be able to access portions of our Site.

How the Information is Used

We may use personally identifiable information about you to contact you and provide services to you, at your request. We may use it to communicate with you through periodic messages regarding services, events, and other information and notices we believe you may find interesting or useful. We may use it for confirmation of subscriptions or other actions you take on our Site, to send newsletters, and for related customer service needs. Your credit card information may be used by our financial services providers only for payment processing and fraud prevention.

We use the automatic non-personally identifiable information collected to maintain, secure and improve our Site, and understand your interests when visiting our Site. We do not collect any personally identifiable information via a user’s IP address.

How the Information is Disclosed

Canto relies on various service providers and other contractors to provide services that support the Site and Canto’s operations, including, without limitation, maintenance of our databases, distribution of emails and newsletters on our behalf, data analysis, payment processing, order fulfillment and other services of an administrative nature. We reserve the right to share your personally identifiable information with these third-parties for the purpose of enabling them to provide the services to you on our behalf. These third parties are committed to protecting the privacy of our customers and subscribers, and will not utilize your information for any purpose but to provide the services which we contract for.

We use a third-party service provider to handle credit card payments and other payment transactions submitted to our Site (“Payment Service Provider”). If you wish to make a payment through the Site, you will be directed to a Web page that is controlled by such service provider (a “Payment Service Page”). All personally identifiable information that you provide through the Payment Service Page will be collected by the Payment Service Provider rather than by Canto, and will be subject to the Payment Service Provider’s privacy policy.

We may also share aggregate information about Site usage and traffic patterns, stripped of any personally identifiable information, with third parties to comply with various reporting obligations and for business or marketing purposes.

We do not sell, rent, exchange or otherwise share our email lists and any personally identifiable information about you with any third-parties outside of Canto for their direct marketing purposes, other than to Canto’s sales partners and distributors. If you prefer that we do not share your personally identifiable information with such third-parties for such third-parties marketing purposes, please see the “opting-out” section below.

Canto also may disclose personally identifiable information in order to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with a valid legal process; (4) protect the rights, privacy, safety or property of Canto and its employees and third parties on its properties, Site visitors, or the public; (5) respond to an emergency; (6) enforce our Terms of Use; and (7) permit us to pursue available remedies or limit the damages that we may sustain.

In the event there is a change in the corporate structure of Canto, including, without limitation, through merger, consolidation, sale, liquidation or transfer of substantial assets, Canto may, in its sole and absolute discretion, transfer, sell or assign information collected on and through the Site, including, without limitation, personally identifiable information concerning visitors, to one or more affiliated or unaffiliated third parties.

Opting-out from Our Email List; Changing or Deleting Personally Identifiable Information

If you no longer wish to receive our email newsletter, promotional emails or telephone calls or other future communications from us, please follow the opt-out instructions included in each subscription communication or notify us by email at info@canto.com with the word “remove” in the subject header, and we will remove your name from our email recipient list. These opt-out options do not apply to communications primarily for the purpose of administrating order completion, support, product safety warnings, or other administrative and transactional notices. Further, you may view or update personally identifiable information you have given us by contacting us by electronic mail or postal mail at the addresses provided at the end of this Privacy Policy. If you have an existing Canto Customer Portal account with us, you can view and edit your username, password, contact information and other personally identifiable information in the “My Account” section of the Site.

Information Posted by Visitors

Canto may make available through the Site services (for example, message boards, forums, chat functionality and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services becomes public information, and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose personally identifiable information, or any other information, on the Site.

WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONALLY INDENTIFIABLE INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

Keeping Your Information Secure

We seek to adopt commercially reasonable security measures consistent with industry practice to ensure the security of personally identifiable information in our possession and to protect it from unauthorized access. Note that although we make good faith efforts to store personally identifiable information in a secure operating environment that is not available to the public, no system transmitting data over the Internet can be guaranteed to be 100% secure, and we, therefore, cannot guarantee complete security. If you have reasons to believe that your interaction with us is no longer secure, please notify us immediately of the problem by contacting us as explained at the bottom this Privacy Policy.

Users Under 13 Years of Age

This Site is not directed towards users under the age of 13 and we do not knowingly collect personally identifiable information online from users under the age of 13.

Links

On the Site, we provide links to Web sites maintained by third parties (such as our partners), which we believe you will find useful. Canto is not responsible for the privacy practices of these other Web sites. Therefore, the privacy policies of such third-party Web sites may differ from those applicable to the Site and we encourage you to review the privacy policies of each of those other Web sites. We make no representation with regard to the policies or business practices of any Web sites to which you connect through a link from this Site, and are not responsible for any material contained on, or any transactions that occur between you and, any such Web site.

Location

We host and maintain this Site in the United States. By providing personally identifiable information and other information to this Site, you understand and consent to the collection, use, processing and transfer of such information to the United States and other countries or territories, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy.

How to Contact Us

Should you have other questions or concerns about this Privacy Policy, please contact us by email to info@canto.com, or by regular mail to Canto, Inc., 221 Main Street, Suite 460, San Francisco, California 94105, U.S.A.

Canto.com Terms of Use

Last updated: May 28, 2009

  1. Introduction

Welcome to canto.com, a site operated by Canto, Inc. and its affiliates (“Canto,” “we,” “us,” or “our”).  PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.  Canto provides this Web site and all site-related services (the “Site”) subject to and conditioned upon your compliance with the terms and conditions set forth in the following terms and conditions (the “Terms of Use”).  These Terms of Use govern the relationship between Canto and you (including your employer and any affiliates and its or their employees, contractors and agents, “you”) with respect to use of the Site and any dispute related thereto.  Please note that by visiting or using the Site you signify your assent to and agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not use this Site.

  1. Eligibility

The Site is not intended for use by anyone not able to legally form binding contracts.  If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to Canto or create or otherwise use an account.  By using the Site you represent that you are able to legally form binding contracts.

  1. Revisions to the Site or Terms of Use

We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site.  In addition, we may revise these Terms of Use at any time, at our sole discretion.  Any changes that we make to the Terms of Use will be effective immediately upon posting such changes on the Site.  Please check this page periodically to ensure your familiarity with the most current version of these Terms of Use; you will be able to determine if the Terms of Use have been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this page.  Your continued use of the Site following such changes will be deemed acceptance of such changes.

  1. Code of Conduct

While using the Site and/or the Materials (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations.  Without limiting the foregoing, you agree not to:

  • restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • use the Site or Materials for any fraudulent or unlawful purpose or in violation of any applicable law;
  • express or imply that any statements you make are endorsed by us, without our prior written consent;
  • engage in spamming or flooding;
  • transmit or otherwise make available in connection with the Site any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or otherwise interfere with or disrupt the operation of the Site;
  • sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or Materials;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials;
  • remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
  • “frame” or “mirror” any part of the Site without our prior written authorization;
  • use any robot, spider, script, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.  A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file;
  • harvest or collect information about Site visitors or members without their express consent; or
  • transmit, display, utter, or distribute content or other material that is or may be unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable, or infringes or misappropriates the privacy of other intellectual property rights of us, other users of the Site, or other third parties.
  1. Materials

This Site and all works of authorship on this Site, including but not limited to, all data, text, reviews, commentary, feedback, graphics, images, audio and video clips, software, links, names, logos, icons, trademarks, and service marks (collectively, the “Materials”), are owned and controlled by Canto, its affiliates, and other parties (including other user of the Site)  that have licensed to Canto the right to use their material, and are protected by U.S. and international copyright, trademark and other laws.  You acknowledge that these rights are valid and enforceable.  Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Materials, you may not copy, modify, reproduce, republish, upload, post, display, perform, transmit, broadcast, distribute or otherwise use the Materials or other content or information available on or through the Site.  Unless otherwise indicated on the Site, you may download and/or print a single copy of Materials displayed on the Site, and may use such Materials solely for your internal business needs.  You must retain all copyright and other proprietary notices on downloaded and copied Materials.  Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Materials, and you acknowledge that by using the Site or Materials you do not acquire any ownership or other rights with respect thereto.

  1. Information

Some areas of the Site may require you to provide information, including, without limitation, personally identifiable information.  Similarly, if you purchase products or services described on the Site, you will be asked by Canto or by a third party provider, on Canto’s behalf, to supply certain information applicable to your purchase, including, without limitation, credit card and billing information.  You agree that we may collect and use information that you provide to us or that is otherwise collected about you when you use the Site, and you understand that any such information will be treated in the manner described in our Privacy Policy.  You agree that all information that you provide to Canto or such third party provider will be accurate, current, and complete.  If you have an account with us, you are entirely responsible for the confidentiality and use of your username and password and for any and all activities that are conducted through your account, and you agree not to transfer or resell your use of or access to the Site to any third party.

  1. Purchases

Prices and availability of any products or services displayed on the Site are subject to change at any time without notice.  You agree to pay all charges incurred by you or any user of your account at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases.

  1. Links

This Site may contain links to other Internet websites, including affiliated websites which may or may not be owned or operated by us.  We have not reviewed all of such websites, and we have no control over such websites operated by third parties.  Unless otherwise explicitly stated, we are not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked websites.  We are providing these links to you only as a convenience.  Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked websites.  Further, it is up to you to take precautions to ensure that whatever links you select is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

  1. Forums

We (and our designees) may host message boards, blogs and similar forums on or in connection with the Site (collectively, “Forums”), but we have no obligation to monitor the Site or the Forums, or any Materials that you or other third parties transmit or post on the Site or the Forums.  You acknowledge and agree that we have the right (but not the obligation) to monitor the Site, the Forums, and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our partners and our customers and Site visitors; or to comply with legal obligations or governmental requests.  You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, unlawful, defamatory or otherwise objectionable.  We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums that is not properly attributable to us.  The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect our opinion(s).  We are not responsible for any errors or omissions in Forum postings, for hyperlinks embedded in Forum postings or for your use of such information.  Under no circumstances will we or our affiliates, partners, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

  1. Feedback

We welcome your reviews, commentary, suggestions or other feedback regarding your experience with our Site and our products and services.  In connection with any such reviews, commentary, suggestions, feedback or any other information or content that you transmit or provide to us (or otherwise post on the Site or Forums) (collectively, “Feedback”), you hereby grant us a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to reproduce, distribute, modify, create derivative works of, perform and display (publicly or otherwise) or otherwise use such Feedback (including, without limitation, any ideas, concepts, know-how or techniques contained therein) for any purpose whatsoever (commercial or otherwise, including, without limitation, improving the Site and developing and marketing products and services incorporating such Feedback), without any limitations and without compensation to you.  Feedback will not be subject to any obligation of confidentiality, attribution or other similar obligation on our part.  We will not be liable for any use or disclosure of any Feedback.  We reserve the right, but undertake no duty, to post, review, edit, move or delete any Feedback, in our sole discretion and without notice.

  1. Disclaimer of Warranties

THE SITE AND ALL MATERIALS, INFORMATION, FORUMS AND CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CANTO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.  CANTO DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.

  1. Limitation of Liability:

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CANTO NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE SITE AND/OR ANY MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS IS TO STOP USING THEM.  NOTWITHSTANDING THE FOREGOING, IF CANTO IS FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL FEES YOU PAID CANTO IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) ONE THOUSAND DOLLARS (US$1,000).

  1. Indemnification

You agree to indemnify, defend, and hold harmless Canto, our affiliates, licensors, suppliers, and agents, and our and their directors, officers, employees, consultants, agents or other representatives, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses due to, or arising out of, your breach of these Terms of Use, your activities in connection with the Site (including, without limitation, any content that you post on Forums or otherwise transmit through the Site), or your violation of any laws or the rights of a third party.

  1. Access by Minors

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”

  1. Governing Law

When accessing this Site (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of California (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in the Northern District of California (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof.  Recognizing the global nature of the Internet, you agree to comply with all applicable laws, rules, and regulations (including all applicable local laws, rules, and regulations) regarding online conduct and use of this Site.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

  1. Termination

These Terms of Use shall remain effective until terminated in accordance with their terms.  You agree that we may, in our sole discretion, terminate these Terms of Use and your ability to use this Site (or any portion thereof) if you fail to comply with any term or condition hereof or for any other reason.  Upon termination of these Terms of Use, you may no longer use or otherwise access the services or materials provided on this Site and you shall destroy all Materials and copies thereof obtained by you from the Site.  The provisions of Sections 4 (Code of Conduct), 5 (Materials), 8 (Feedback), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), 16 (Termination), and 19 (Miscellaneous) shall survive termination of these Terms of Use.

  1. Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254 or 1-800-952-5210.

  1. Contact Us

Should you have other questions or concerns about these Terms of Use, please contact us by email to info@canto.com, or by regular mail to Canto Software, Inc., 116 New Montgomery, Suite 810, San Francisco, California 94105, U.S.A.

  1. Miscellaneous

If any provision of these Terms of Use are found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  These Terms of Use, together with our Privacy Policy and any other of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the Site or the Materials, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use.  These Terms of Use are not assignable, transferable or sublicenseable by you, except with our prior written consent.