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Web Site
Use Agreement and Copyright
Notice
This Internet Web
Site Use Agreement (the "Agreement") is between you and
21st Century Printers (the "Company") with offices in
Springdale, Ohio. Your use of the Company
Internet Web Site (the "Web Site") is subject to the
following terms and conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. Use of the Web Site signifies your
unconditional agreement to the terms and conditions of this
Agreement. If you do not agree to these terms and conditions of
use, do not access or otherwise use this Web Site.
(2) The Company may gather, process and use information and
materials received from you (e.g., name, physical address, e-mail
address) or collected through your use of the Web Site for any
lawful reason or purpose.
(3) The Company reserves the right, at its sole discretion, from
time to time to change, modify, add or remove any portion of this
Agreement, in whole or in part, at any time. Notification of
changes in the Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more copyrights pursuant
to U.S. copyright laws, international conventions and other
intellectual property laws. You will abide by any and all
copyright notices, trademark notices, ownership information or
restrictions contained in any Content on the Web Site. You may
download and make copies of the Content and other downloadable
items displayed on this Web Site, provided that you maintain all
copyright and other notices contained in such Content. Copying or
storing of any Content on the Web Site for reproduction,
redistribution or publication to third parties for commercial
purposes is expressly prohibited without prior written permission
from the Company. All rights to the Company's copyrighted
materials not expressly granted herein are reserved by the
Company.
(5) The Company, at its sole discretion, may change, suspend or
discontinue any aspect of the Web Site at any time, including the
availability of any Web Site feature, database or Content. Company
may also impose limits on certain features and services or
restrict your access to parts or all of the Web Site without
notice or liability.
(6) You represent, warrant and covenant that you shall not upload,
post or transmit to or distribute or otherwise publish through the
Web Site any materials which: (i) restrict or inhibit any other
user from using and enjoying the Web Site; (ii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a
criminal offense, give rise to civil liability or otherwise
violate any law or governmental regulation; (iv) violate,
plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of
privacy or publicity or any other proprietary right; (v) contain a
virus or other harmful or destructive elements; (vi) contain any
information, software or other material of a commercial nature;
(vii) contain advertising of any kind; or (viii) constitute or
contain false or misleading indications of origin or statements of
fact.
(7) You hereby agree
to defend, indemnify and hold harmless the Company, and all its
officers, directors, agents, employees, information providers,
affiliates, licensors and licensees from and against any and all
liabilities, claims, penalties, losses, damages, cost and expense
(including court costs and reasonable attorney's fees, interest
expense and amounts paid in compromise or settlement), suits or
actions arising out of or resulting from any breach by you of this
Agreement, including the foregoing representations, warranties and
covenants. You shall cooperate as fully as reasonably required in
the defense of any claim.
(8) The Web Site may contain hypertext links and pointers to the
other World Wide Web Internet sites and resources operated and
controlled by parties other than the Company. Links to and from
the Web Site to such third party sites do not imply or constitute
an endorsement by the Company of any third party material or
contents.
(9) The Company does not represent or endorse the accuracy or
reliability of any advice, opinion, statement or other information
displayed or distributed through the Web Site. You acknowledge
that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. The Company
reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of the Web Site.
(10) The Company reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in the
Company's sole discretion are objectionable or in violation of
this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED
THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB
SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY
LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED,
ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL
NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION
OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS
AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE
THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the WEB Site may be based
upon the Company's management's current expectations, estimates
and/or projections about the Company's markets and industries.
These statements about the Company are forward-looking statements
which are not guarantees of future performance and involve certain
risks, uncertainties and assumptions that are difficult to
predict. Therefore, actual outcomes and results may differ from
what is expressed or forecasted. Among the factors that could
cause actual results to differ are uncertainties in competitive
pricing pressures, general domestic and international economic
conditions and market demand.
(13) By posting messages, uploading files, inputting data or
engaging in any other form of communication (individually or
collectively "Communications") to the Web Site, you
hereby grant to the Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license to use, copy,
license, sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise fully exploit such
Communications, in all media now known or hereafter developed. You
hereby waive all rights to any claim against the Company for any
alleged or actual infringements of any proprietary rights, rights
of privacy and publicity, moral rights and rights of attribution
in connection with such Communications.
(14) You acknowledge that Communications involving the Web Site
are not confidential and that Communications may be read or
intercepted by others. You acknowledge that by submitting
Communications to the Company, no confidential, fiduciary,
contractually implied or other relationship is created between you
and the Company other than pursuant to this Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO
CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT
THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING
ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN
APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OHIO.
(16) The Company has a long standing policy that does not allow it
to accept or consider creative ideas, suggestions or materials
other than those which have been specifically requested or
otherwise affirmatively solicited by the Company in writing. It is
the intent of this policy to avoid possible misunderstandings as
to the ownership of creative ideas, concepts, suggestions or
materials. If you send any creative materials, suggestions, ideas,
notes, drawings, concepts or other information (collectively known
as the "Information") to the Company in printed form,
electronic means or otherwise, the Information shall be deemed to
be the property of the Company and shall not be subject to any
obligations of confidence, non-disclosure or non-usage. The
Company is hereby entitled to unrestricted usage of the
Information on a worldwide basis without compensation to the
provider of the Information.
(17) This Agreement constitutes the entire agreement between the
Company and you with respect to your use of and access to the Web
Site. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and the Company with respect to the Web Site. Use of
the Web Site is unauthorized in any jurisdiction that does not
give effect to all of the terms and conditions of this Agreement.
Any cause of action you may have with respect to your use of and
access to the Web Site must be commenced within one (1) year after
the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of this Agreement, or
portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give legal
effect to the intent of the Agreement, and the remainder of this
Agreement shall continue in full force and effect. 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 or the Web Site to the
same extent and subject to the same conditions as other business
documents and records generated and maintained in printed form by
the Company. The failure of the Company to enforce any provision
of this Agreement shall not be deemed a waiver of such provision
nor bar the Company's right to enforce the provision.
Copyright 2003-2009
21st Century Printers, West Chester, OH, USA. All Rights Reserved.
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