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.
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.
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.
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.
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.
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.
(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.
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.
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.
For revision*'s Privacy Policy please click here.
All
notices to
you 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 part
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.
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.
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.
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.
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 thereto 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.
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 WARP 10 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 revision* HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The Terms shall be governed by and
construed in accordance with the laws of the Province of Ontario,
Canada, excluding its conflict of law provisions. You agree to submit
to the exclusive jurisdiction of the courts of the Province of Ontario,
Canada.
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.
All fees
will
be charged
directly to your credit card account and are due in advance of the
service period. After the initial signup period for which you were
initially charged, your account will be automatically charged every 30
days unless you explicitly ask for the account to be terminated. Annual
customers will be contacted prior to year end and will be given the
opportunity to renew their accounts.
Termination and
refunding policy
All
termination
requests
are to be made to our Customer Service department phone, or email
(officerevision@yahoo.com) or fax (++381 11 322 47 79). This will be
confirmed with a return telephone call from a Customer Service
Representative.
(i) Fees
prepaid for
unused periods remaining are non-refundable;
(ii) Your Titanium or Leather
portfolio will be terminated.
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