Updated 05.01.2005.
Your
Conduct
Notice
Limitation of Liability
Application - The following Terms and Conditions ("Terms") are
applicable
to revision*:
The
revision* website is
referred to generically herein as the "Website". The services provided
by revision* via the Website (other than third party websites
accessible via the Website) are subject to these Terms and any policies
that may be published by revision* from time to time. The Terms and
any applicable policies comprise the entire agreement between you and
revision* and supersede all prior agreements regarding the subject
matter contained herein. Acceptance of Terms BY USING THE
WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE
BOUND BY THE TERMS, YOU SHALL DISCONTINUE YOUR USE OF THE
WEBSITE. Description of Service - revision* makes various
services available on the Website including, but not limited to, the
capability to create, post and exchange digital files. Fees for the
various services are set out in the Service Fees and/or FAQ on the
Website. You are solely responsible for providing, at your own expense:
(i) all equipment, including a computer and modem; and (ii) your own
Internet access. In order to access some of the services, you
will require a separate account and password which can be obtained by
completing the online registration form ("Registration Data") and
maintaining and updating your Registration Data as
required. You grant revision* the right to disclose to
third parties certain Registration Data about you, which disclosure is
governed by the Privacy Policy. You agree not to hold revision*
liable for any damage to, any deletion of or any failure to store your
files, data or Registration Data. You further acknowledge that
revision* has a fixed upper limit on the amount of disk space that you
may use, which limits are set out in the FAQ and administration
sections of the Website. Grant of Limited License - You retain
all
rights in and to any of your material you upload to the Website. In
order to enable revision* to provide the Website, you grant revision*
and its designated licensees a non-exclusive, fully paid-up and
worldwide right to copy, distribute, use in connection with the
operation of the Website, such material, regardless of the medium,
technology, or form in which it is used. Such use by revision* may
include, but will not be limited to, use of any information posted to
the Website to be included as part of a screen option, demonstration or
brochure for the purpose of promoting your material or the
Website. You acknowledge that revision* may be required to
compress or perform other technical processing of your uploaded files
due to technical limitations on the Website. Backup Copies of
Images and Other Materials - The Website is not designed or intended to
be used as a disaster recovery facility or as an emergency data storage
facility. Although revision* takes reasonable precautions to preserve
and protect the material you upload to the Website, you should not rely
on the Website as your only storage facility. You should preserve
copies of your film negatives or slides, and backup copies of any
digital data or information that you have uploaded. Security of
Your Account and Password - You are solely responsible for maintaining
the confidentiality of your password and account and for any and all
activities which occur under your account. You agree to immediately
notify revision* of any unauthorized use of your account.
Your Conduct
(a)
Your use of the
Website is subject to all applicable laws and regulations, including
Netiquette.
(b) You agree not to upload or otherwise
transmit
through the
Website any unlawful, harassing, libelous, abusive, profane,
threatening, harmful, vulgar, obscene, sexually explicit, pornographic
or otherwise objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized
access to other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the
Website any material that: (i) infringes on any third party rights; and
(ii) contains any virus or other harmful code that may change or
disrupt the Website or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree
not to resell or make any commercial use of the Website or transfer
your rights herein, without the express written consent of revision*
which consent shall be at revision* 's sole discretion.
Content - revision* neither endorses or assumes any liability for the
contents of any material uploaded or submitted by third party users of
the Website. The Website acts only as a passive conduit for online
storage of materials uploaded or submitted to the Website. revision*
retains the right to delete content that it deems in its sole
discretion to be objectionable, but makes no claim to ensure that all
objectionable or illegal content will be removed from the Website. You
hereby consent to such removal and waive any claim against revision*
arising out of such file removal. You acknowledge
and agree that, during the course of providing the Website, revision*
may be required to grant access to a third party and/or decrypt files
in response to a court order. You hereby consent to such legal
production and waive any claim against revision*arising out of such
court order. Copyright - The entire content
of
the Website in aggregate is copyrighted by revision* as a collective
work under Canadian copyright laws. Portions of the Website are
provided to revision* under license. The copying, reproduction, or
publication of any part of the Website is prohibited, unless expressly
authorized in writing by revision*. No copyrighted material may be
uploaded or submitted to any Website by anyone without the permission
of the copyright owner or persons authorized by the copyright owner.
You are solely responsible for obtaining all such necessary permission
at your sole cost and expense before uploading any such material to the
Website. You acknowledge that content, including but not limited to
text, music, sound, photographs, video, graphics or other material
contained on the Website ("Content") is owned or licensed by revision*
and other third parties and is protected by copyrights, trade-marks
and/or other rights and laws. You may download the material available
on the Website for your personal, non-commercial use only. Except as
may be permitted by copyright law, you are responsible for obtaining
permission from the copyright owner before reusing any copyrighted
material that is on the Website. In the event of any permitted copying,
redistribution or publication of copyrighted material from the Website,
no changes in or deletion of author attribution, trade-mark legend or
copyright notice shall be made. You acknowledge that you do not acquire
any ownership rights by downloading copyrighted material from the
Website.
All notices to you shall be made, may be given by any means including,
but not limited to: (a) email; (b) conventional mail; (c) notices or
messages posted on the Website; or (d) any other means by which you
obtain notice thereof. Access to Third Party Websites - revision*
is not responsible for the content of any third party website which you
access through the Website. If you decide to access any such third
party website, you do so entirely at your own risk. Modifications
of Terms - revision* reserves the right to change the Terms
from time to time. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to issuing an email to the email
address listed by registered users and posting the effective date at
the top of this page. You acknowledge and agree that it is your
responsibility to maintain a valid email address as a registered user,
review this Website and this Terms periodically and to be
aware of any modifications. Your continued use of the Website after
such modifications will constitute your: (a) acknowledgement of the
modified Terms; and (b) agreement to abide and be bound by the
modified Terms. Modifications to Websites -
revision* reserves the sole right to either modify or discontinue the
Website, including any features therein at any time with or without
notice to you. revision* shall not be liable to you or any third party
should revision* exercise such right. Modifications may include, but
are
not limited to, changes in the pricing structure, the addition of
fee-based services or changes to limitations on allowable file
sizes. Indemnification - You agree to indemnify and hold
revision* its subsidiaries, affiliates, directors, officers and
employees, harmless from any claim or demand, including reasonable
legal fees and expenses, due to or arising out of your use of the
Website, which cause direct or indirect damage or harm to a third
party. Termination - Either you or revision* may terminate
your relationship with or without cause at any time. You
agree that revision* may, in its sole discretion, terminate or suspend
your access to all or part of the Website for any reason, including,
without limitation, breach of the Terms. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities. Should you object to the Terms or any subsequent
modifications thereof or become dissatisfied with the Website in any
way, your only recourse is to immediately: (a) discontinue use of the
Website; (b) terminate your membership; and (c) notify revision* of
your
termination. revision* shall not be liable to you or any
third party for any claims or damages arising out of any termination or
suspension. Disclaimer of Warranties - YOU EXPRESSLY AGREE THAT
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. revision* EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. revision* MAKES NO WARRANTY THAT THE
WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES revision*
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH
MATERIAL AND/OR DATA. revision* MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
revision* SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR
THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WARP
10 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. General -
The Terms shall be governed by and construed in accordance with the
international laws of, excluding its conflict of law provisions. You
agree to submit to the exclusive jurisdiction of the courts of the
Republic of Serbia, Serbia & Montenegro. If
any provision(s) of the Terms is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
revision* 's failure to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision
unless agreed to by revision* in writing. You agree that any
cause of action arising out of or related to your use of the Website
must commence within one (1) year after the cause of action
arose. The section titles in the Terms are solely used for the
convenience of the parties and have no legal or contractual
significance. These Terms are binding upon and shall enure to the
benefit of both parties and their respective successors, heirs,
executors, administrators, personal representatives and permitted
assigns. You shall not assign or transfer your rights or obligations
hereunder or otherwise without revision* 's prior written consent.
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