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CS
Industries operates this Site to provide online access to information
about the company and the products, services, and opportunities we
provide (the “Service”). By accessing and using this Site, you agree to
each of the terms and conditions set forth herein (“Terms of Use”).
Additional terms and conditions applicable to specific areas of this
Site or to particular content or transactions are also posted in
particular areas of the Site and, together with these Terms of Use,
govern your use of those areas, content or transactions. These Terms of
Use, together with applicable additional terms and conditions, are
referred to as this “Agreement.”
CS
Industries reserves the right to modify this Agreement at any time
without giving you prior notice. Your use of the Site following any
such modification constitutes your agreement to follow and be bound by
the Agreement as modified. The last date these Terms of Use were
revised is set forth below.
1. Use of Site
You may use the
Service, the Site, and the information, writings, images and/or other
works that you see, hear or otherwise experience on the Site (singly or
collectively, the “Content”) solely for your non-commercial, personal
purposes and/or to learn about CS Industries' products and services. No
right,
title or interest in any Content is transferred to you, whether as a
result of downloading such Content or otherwise. CS Industries reserves
complete title and full intellectual property rights in all Content.
Except as expressly authorized by this Agreement, you may not use,
alter, copy, distribute, transmit, or derive another work from any
Content obtained from the Site or the Service, except as expressly
permitted by the Terms of Use.
2. Copyright
The
Site and the Content are protected by U.S. and/or foreign copyright
laws, and belong to CS Industries or its partners, affiliates,
contributors or third parties. The copyrights in the Content are owned
by CS Industries or other copyright owners who have authorized their
use on the Site. You may download and reprint Content for
non-commercial, non-public, personal use only (If you are browsing this
Site as an employee or member of any business or organization, you may
download and reprint Content only for educational or other
non-commercial purposes within your business or organization, except as
otherwise permitted by CS Industries, for example in certain
password-restricted areas of the Site and in our Frequently Asked
Questions). With the exception of the Sample Images, you may not
manipulate or alter in any way images or other Content on the Site.
2.1 Sample Pictures
CS
Industries has included Sample Pictures on certain pages
within
the Site, to demonstrate the capability of certain cameras and other
products. You may download, reprint and manipulate the Sample Images
for this purpose, but you may not crop or change the composition of the
image, or use the image for commercial purposes. Please read through
our Frequently Asked Questions.
3. Trademarks
You
are prohibited from using any of the marks or logos appearing
throughout the Site without permission from the trademark owner, except
as permitted by applicable law.
4. Links to Third-Party Web Sites
Links
on the Site to third party web sites or information are provided solely
as a convenience to you. If you use these links, you will leave the
Site. Such links do not constitute or imply an endorsement,
sponsorship, or recommendation by CS Industries of the third party, the
third-party web site, or the information contained therein. CS
Industries is not responsible for the availability of any such web
sites. CS Industries is not responsible or liable for any such web site
or the content thereon. If you use the links to the web sites of CS
Industries affiliates or service providers, you will leave the Site,
and will be subject to the terms of use and privacy policy applicable
to those web sites.
5. Linking to this Site
If
you would like to link to the Site, you must follow CS Industries’s
link guidelines. Unless specifically authorized by CS Industries, you
may not connect “deep links” to the Site, i.e, create links to this
site that bypass the home page or other parts of the Site. You may not
mirror or frame the home page or any other pages of this Site on any
other web site or web page.
6. Downloading Files
CS
Industries cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by
software viruses or other harmful computer code, files or programs.
7. Software
Any
software available for download via the Site is the copyrighted work of
CS Industries and/or its licensors. Use of such software is governed by
the terms of the end user license agreement that accompanies or is
included with the software. Downloading, installing, and/or using any
such software indicates your acceptance of the terms of the end user
license agreement.
8. Disclaimer of Warranties
CS
INDUSTRIES MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE
CONTENT. CS INDUSTRIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE
SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE
FURNISHED VIA THE SITE. CS INDUSTRIES DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE
SERVICE WILL BE CORRECTED. CS INDUSTRIES DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL
BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN
NO EVENT WILL CS INDUSTRIES BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE
OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY
TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER
RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF CS
INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU
ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, CS INDUSTRIES’S LIABILITY IS LIMITED
AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW,
BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You
understand and agree that you are personally responsible for your
behavior on the Site. You agree to indemnify, defend and hold harmless
CS Industries, its parent companies, subsidiaries, affiliated
companies, joint venturers, business partners, licensors, employees,
agents, and any third-party information providers to the Service from
and against all claims, losses, expenses, damages and costs (including,
but not limited to, direct, incidental, consequential, exemplary and
indirect damages), and reasonable attorneys’ fees, resulting from or
arising out of your use, misuse, or inability to use the Site, the
Service, or the Content, or any violation by you of this Agreement.
11. Privacy
Click here to see CS Industries' Privacy Policy.
12. User Conduct
You
agree to use the Site only for lawful purposes. You agree not to take
any action that might compromise the security of the Site, render the
Site inaccessible to others or otherwise cause damage to the Site or
the Content. You agree not to add to, subtract from, or otherwise
modify the Content, or to attempt to access any Content that is not
intended for you. You agree not to use the Site in any manner that
might interfere with the rights of third parties.
13. Unsolicited Idea Submission Policy.
CS
Industries or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns,
marketing strategies, new or improved products, technologies, services,
processes, materials, or new product names. We have found this policy
necessary in order to avoid misunderstandings should CS Industries’s
business activities bear coincidental similarities with one or more of
the thousands of unsolicited ideas offered to us. Please do not send
your unsolicited ideas to CS Industries or anyone at CS Industries. If,
in spite of our request that you not send us your ideas, you still send
them, then regardless of what your posting, email, letter, or other
transmission may say, (1) your idea will automatically become the
property of CS Industries, without any compensation to you; (2) CS
Industries will have no obligation to return your idea to you or
respond to you in any way; (3) CS Industries will have no obligation to
keep your idea confidential; and (4) CS Industries may use your idea
for any purpose whatsoever, including giving your idea to others.
However,
CS Industries does welcome feedback regarding many areas of CS
Industries’s existing businesses that will help satisfy customer’s
needs, and feedback can be provided through the many listed contact
areas on the Site. Any feedback you provide shall be deemed a
Submission under the terms in the User Supplied Information section
above.
14. User Supplied Information
CS
Industries does not want to receive confidential or
proprietary
information from you via the Site. You agree that any material,
information, or data you transmit to us or post to the Site (each a
“Submission or collectively “Submissions”) will be considered non
confidential and non proprietary. For all Submissions, (1) you
guarantee to us that you have the legal right to post the Submission
and that it will not violate any law or the rights of any person or
entity, and (2) you give CS Industries the royalty-free, irrevocable,
perpetual, worldwide right to use, distribute, display and create
derivative works from the Submission, in any and all media, in any
manner, in whole or in part, without any restriction or
responsibilities to you.
15. Password Security
If
you register to become a CS Industries member, you are responsible for
maintaining the confidentiality of your member identification and
password information, if needed, and for restricting access to your
computer. You
agree to accept responsibility for all activities that occur under your
member identification and password.
16. General Provisions
a.
Entire Agreement/No Waiver. These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof. No
waiver by CS Industries of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
b.
Correction of Errors and Inaccuracies. The Content may contain
typographical errors or other errors or inaccuracies and may not be
complete or current. CS Industries therefore reserves the right to
correct any errors, inaccuracies or omissions and to change or update
the Content at any time without prior notice. CS Industries does not,
however, guarantee that any errors, inaccuracies or omissions will be
corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If
any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not impact any
other provision of this Agreement, all of which will remain in full
force and effect. Any and all disputes relating to this Agreement, CS
Industries’s Privacy Policy, your use of the Site, any other CS
Industries web site, the Service, or the Content are governed by, and
will be interpreted in accordance with, the laws of the State of New
York, without regard to any conflict of laws provisions.
d.
Claims of Copyright Infringement. Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated Agent. See
our Notice and Procedure for Making Claims of Copyright Infringement .
© Copyright 2009 CS Industries. All rights reserved.
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