LEGAL
RESTRICTIONS AND TERMS OF USE FOR THIS WEBSITE. PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE,
YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING THE
RULES OF CONDUCT FOR BULLETIN BOARDS SET FORTH BELOW. IF YOU ARE
NOT AGREEABLE TO THESE TERMS OF USE, DO NOT USE THIS SITE.
RESTRICTIONS ON USE OF
MATERIALS
You acknowledge
that this site may contain information, communications, software,
photos, text, video, graphics, music, sounds, images and other
material and services (collectively "Content"), which is
generally provided by Creative Production or by licensors of
Creative Production. You agree and acknowledge that,
notwithstanding that Creative Production permits access to the
Content, the Content is protected by copyrights, trademarks, and
other proprietary (including intellectual property) rights
(collectively "Rights"), that these Rights are valid and
protected in all media now existing or later developed, and that
except as specifically provided in these Terms, your use of the
Content shall be governed and constrained by applicable copyright,
trademark and other intellectual property laws.
In addition to
Creative Production's and its licensors' Rights in individual
elements of the Contents, Creative Production owns a copyright in
the selection, coordination, arrangement and enhancement of the
Content. You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works from,
distribute, perform, display, incorporate into another Website, or
in any other way exploit any of the Content, in whole or in part.
THIRD PARTY PROPERTY
You agree that
you may upload to the software files and bulletin boards, or
otherwise transmit on or through this site, only Content that is
not subject to any Rights, or Content in which any holder of
Rights has given express authorization for distribution on the
Internet. Unless specified otherwise in your upload, by submitting
Content to any "Public Area" (e.g. public chat rooms,
bulletin boards, etc.) you automatically grant, or warrant that
the owner of such Content has expressly granted, the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed for the
full term of any Rights that may exist in such Content.
DISCLAIMER
THE MATERIALS
IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREATIVE PRODUCTION
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. CREATIVE PRODUCTION DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. CREATIVE PRODUCTION DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CREATIVE
PRODUCTION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
Under no
circumstances, including, but not limited to, negligence, shall
Creative Production be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials in this site, even if Creative Production or a Creative
Production authorized representative has been advised of the
possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall Creative Production's total
liability to you for all damages, losses, and causes of action
(whether in contract, tort (including, but not limited to,
negligence) or otherwise) exceed the amount paid by you, if any,
for accessing this site.
UNSOLICITED SUBMISSIONS
Creative
Production welcomes comments regarding its products and services.
However, Creative Production's policy is not to accept or consider
creative ideas, suggestions, or materials other than those it has
specifically requested. We hope you will understand that it is the
intent of this policy to avoid misunderstandings when projects
developed by Creative Production's very productive staff are
similar to someone else's creative work. Accordingly, we must ask
that you not send us any such ideas. While we do value your
feedback on our services and products, we request that you be
specific in your comments on those services and products, and not
submit any creative ideas, suggestions or materials.
If, despite our
request that you not do so, you send us creative suggestions,
ideas, notes, drawings, concepts or other information
(collectively, the "Information"), the Information shall
be deemed, and shall remain, the property of Creative Production.
None of the Information shall be subject to any obligation of
confidentiality on the part of Creative Production and Creative
Production shall not be liable or owe any compensation for any use
or disclosure of the Information, other than such liability as
arises out of the copyright or patent laws of the United States.
JURISDICTIONAL ISSUES
Unless otherwise
specified, the materials in the site are presented solely for the
purpose of promoting products available in the United States, its
territories, possessions, and protectorates. Creative Production
may change, add, or delete programs described in this Website at
any time without notice. This site is controlled and operated by
Creative Production from its offices within the State of Ohio, United States of America. Creative Production makes no
representation that materials in the site are appropriate or
available for use outside the United States. Those who choose to
access this site from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. Software from this
site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country to which the
United States has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or
resident of any such country or on any such list.
TERMINATION
This agreement
is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained
from any and all Creative Production site(s) and all related
documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice from Creative
Production if in Creative Production's sole discretion you fail to
comply with any term or provision of this agreement. Upon
termination, you must destroy all materials obtained from this
site and any and all other Creative Production site(s) and all
copies thereof, whether made under the terms of this agreement or
otherwise.
OTHER
This agreement
shall be governed by and construed in accordance with the laws of
the State of Ohio, without giving effect to any principles
of conflicts of law If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
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