TERMS AND CONDITIONS OF USE FOR Computer Graphics World
These Terms
and Conditions of Use (the "Terms and Conditions") for Computer
Graphics World (the "Website") are between a user of the Website
("User") and COP Communications, Inc. ("COP Communications, Inc.").
GENERAL RULES
Access
to the Website or use of the Website content constitutes User's
agreement with these terms and Conditions. User acknowledges that User
has read these Terms and Conditions and that User accepts the terms
thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THE WEBSITE. COP Communications, Inc. reserves
the right, at its sole discretion, to change, modify, add or remove any
portion of these Terms and Conditions, in whole or in part, at any
time. Notification of changes in these Terms and Conditions will be
posted on the Website, and User's continued use of the Website
affirmatively indicates User's acknowledgment of such changes and
User's agreement to be bound by the Terms and Conditions as modified.
Unless
otherwise agreed in writing, User's right to use the Website is not
transferable and is subject to any restrictions established by COP
Communications, Inc..
COP Communications, Inc. may change,
suspend, or discontinue any aspect of the Website at any time, at its
sole discretion, without prior notice and without liability to User or
any third party for such change, suspension, or discontinuance. COP
Communications, Inc. may also impose limits on certain features and
services or restrict User's access to parts or all of the Website
without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE
TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE
TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE
WEBSITE IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE
USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, COP
Communications, Inc. WILL CONTINUE TO RELY ON USER'S FULL AND
UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
ACCESS TO THE WEBSITE
User
shall not have the right to sell, license, market, or lease the Website
content to any party whatsoever without the prior written consent of
COP Communications, Inc.. User shall not have the right to distribute
the Website content in any manner to any third party or unauthorized
user.
User hereby acknowledges that, as between COP
Communications, Inc. and User or any party acting through User, all
title to and ownership of the Website and its content remains vested in
COP Communications, Inc. and nothing in these Terms and Conditions
serves to transfer such ownership or title to User or any party acting
through User. All copies and representations of content from the
Website, including merged or modified portions, shall as between User
and COP Communications, Inc. remain COP Communications, Inc.'s
exclusive property, shall continue to be subject to these Terms and
Conditions, and shall contain all COP Communications, Inc. copyright
and other proprietary notices.
User agrees to use the Website only
non-commercially, and only for User's bona fide development or
legitimate business purposes in accordance with these Terms and
Conditions. User shall use all reasonable endeavors not to permit or
allow the Website to be used by any party whatsoever for purposes not
connected with User's non-commercial, legitimate business purposes.
User
agrees to report promptly to COP Communications, Inc. any observed
violation of the above. User agrees that the Website shall not be used
in any manner or for any purpose other than the permitted purposes as
expressly described in these Terms and Conditions.
User shall
notify the Website's Webmaster of any known or suspected unauthorized
use(s) of the Website through User's account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure
of User's means of access.
User may not share User's means of
access with others. User acknowledges that User is responsible for all
usage or activity on User's Website account, including such use of the
account by any third party. Any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination of User's account, at
COP Communications, Inc.'s sole discretion, and User may be referred to
appropriate law enforcement agencies. User agrees to indemnify, defend,
and hold COP Communications, Inc. harmless against liability for any
and all use of User's account.
AUTHORIZED USAGE OF THE WEBSITE CONTENT
The
contents of the Website are intended for the benefit of User's
legitimate non-commercial business. All materials displayed on the
Website (including, but not limited to articles, reports, photographs,
images, illustrations, audio clips and video clips, each also known as
the "Content") are protected by copyright, and owned or controlled by
COP Communications, Inc. or the party credited as the provider of the
Content, software, or other materials. Users shall abide by all
copyright notices, information, or restrictions contained in any
Content accessed through the Website. User acknowledges that he/she has
no claim of ownership or other right to any Content by reason of its
access, use, or otherwise.
The Website is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. Copying or
storing of any Content for other than User's legitimate non-commercial
business end-use is expressly prohibited without the prior written
permission of COP Communications, Inc. or the copyright holder
identified in the individual Content's copyright notice. IN NO EVENT
SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except
as specifically provided in these Terms and Conditions, User may not
modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, display, or in any
way exploit, any of the Content, software, materials, or the Website in
whole or in part. No use is permitted which benefits any party other
than COP Communications, Inc. or User.
COP Communications, Inc.
and other COP Communications, Inc. products referenced in COP
Communications, Inc..com are either trademarks or registered trademarks
of COP Communications, Inc.. Other featured logos, product and company
names are or may be service/trademarks of their respective owners.
WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
Neither
COP Communications, Inc. nor COP Communications, Inc.com represents or
endorses the accuracy or reliability of any advice, opinion, statement,
or other information displayed, downloaded, uploaded, or distributed
through the Website by any user, information provider, or any other
person or entity. User acknowledges that any reliance upon any such
opinion, advice, statement, or information shall be at User's sole
risk. COP Communications, Inc. reserves the right but not the
obligation, in its sole discretion, to correct any errors or omissions
in any portion of the Website.
THE WEBSITE IS DISTRIBUTED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED
THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER COP
Communications, Inc. NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF
LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN
CONNECTION WITH THE FURNISHING, PERFORMANCE, USER's INABILITY TO USE,
OR USER's USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES,
OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF COP Communications,
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE)
TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF
THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE
TO THE CLAIM FOR DAMAGES. USER's RIGHT TO MONETARY DAMAGES IN SUCH
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE
OTHERWISE HAD AGAINST COP Communications, Inc.. USER EXPRESSLY
ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER's SOLE RISK.
The
Website contains links to other related Internet sites, resources, and
sponsors of the Website. COP Communications, Inc. is not responsible in
any way for the availability of these outside resources or their
contents. User should direct any concerns regarding any external link
to that link's site administrator or webmaster.
COP
Communications, Inc. is not responsible for the contents of any linked
site or any link contained in a linked site. COP Communications, Inc.
is providing these links only as a convenience, and the inclusion of
any link does not imply endorsement by COP Communications, Inc. of the
linked site or its contents.
GENERAL PROVISIONS
These Terms
and Conditions shall be construed and enforced in accordance with
California law. Any action to enforce these Terms and Conditions shall
be brought in the federal or state courts located in Glendale,
California.
Any rights not expressly granted to User in these Terms and Conditions are reserved to COP Communications, Inc..
Any
failure by COP Communications, Inc. to enforce any provision of these
Terms and Conditions shall not be construed as a continuing waiver of
any rights under such provision.
These Terms and Conditions
represent the entire agreement between COP Communications, Inc. and
User concerning User's use of the Website and supersede any prior
understanding or agreement whether oral or written