AGREEMENT BETWEEN USER AND 3DLTI
3DLTI Web Site is comprised of various Web pages operated by 3DLTI.
3DLTI Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of 3DLTI Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
3DLTI reserves the right to change the terms, conditions, and notices
under which 3DLTI Web Site is offered, including but not limited to the
charges associated with the use of 3DLTI Web Site.
LINKS TO THIRD
PARTY SITES
3DLTI Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of 3DLTI and 3DLTI is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. 3DLTI is not responsible for webcasting or
any other form of transmission received from any Linked Site. 3DLTI is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by 3DLTI of the site or any association
with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of 3DLTI Web Site, you warrant to 3DLTI that you will not use 3DLTI Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
3DLTI Web Site in any manner which could damage, disable, overburden,
or impair 3DLTI Web Site or interfere with any other party's use and
enjoyment of 3DLTI Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through 3DLTI Web Sites.
USE OF
COMMUNICATION SERVICES
3DLTI Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents.
- Upload
files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct
or forward surveys, contests, pyramid schemes or chain letters.
- Download
any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify
or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict
or inhibit any other user from using and enjoying the Communication
Services.
- Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest
or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
3DLTI has no
obligation to monitor the Communication Services. However, 3DLTI
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. 3DLTI reserves the right
to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
3DLTI reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in 3DLTI's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. 3DLTI does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, 3DLTI specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized 3DLTI spokespersons, and their views do not necessarily
reflect those of 3DLTI.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS
PROVIDED TO 3DLTI OR POSTED AT ANY 3DLTI WEB SITE
3DLTI does not claim ownership of the materials you provide to 3DLTI (including feedback and suggestions) or post, upload, input or submit to
any 3DLTI Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting 3DLTI, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. 3DLTI is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in 3DLTI's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH 3DLTI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 3DLTI
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN 3DLTI WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA 3DLTI WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
3DLTI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON 3DLTI WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. 3DLTI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3DLTI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF 3DLTI WEB SITE,
WITH THE DELAY OR INABILITY TO USE 3DLTI WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH 3DLTI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF 3DLTI WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF 3DLTI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF 3DLTI WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING 3DLTI WEB SITE.
SERVICE CONTACT : customerservice@3DLTI.com
TERMINATION/ACCESS
RESTRICTION
3DLTI reserves the right, in its sole discretion, to terminate your
access to 3DLTI Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Washington, U.S.A. and
you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all
disputes arising out of or relating to the use of 3DLTI Web Site. Use
of 3DLTI Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and 3DLTI as a
result of this agreement or use of 3DLTI Web Site. 3DLTI's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of 3DLTI's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of 3DLTI Web Site or information
provided to or gathered by 3DLTI with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and 3DLTI
with respect to 3DLTI Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and 3DLTI with respect to 3DLTI Web Site. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of 3DLTI Web Site are: Copyright 2008 3DLTI and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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