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This Website is provided by Fine Digital, Inc., and its affiliates
and subsidiaries (collectively, "Fine Digital" and
"we"). Your use of this Website is subject to these
Terms and Conditions of Website Use (the "User Agreement").
Please read this User Agreement and the other information
referred or linked to in this User Agreement carefully and
be sure you understand it, since it is a legally binding agreement
that contains important information about our Website and
your permitted use of it. From time to time we may unilaterally
modify this User Agreement, so it is important that you review
this User Agreement every time you use this Website.
Please Note:
Your Use of This Website Constitutes Your Agreement To Be
Bound By And Comply With All Of The Terms Of This User Agreement.
If You Do Not Agree To All Of The Terms Of This User Agreement,
Then You May Not Use This Website
Use of Materials on This Website
Fine Digital grants you a limited, non-exclusive, revocable
license for you to use this Website for your personal entertainment,
information, education, and communication, upon all of the
terms of this User Agreement. This Website contains materials
and other items relating to Fine Digital and its products
and services, and similar items from our business partners,
licensors, and licensees, and other third parties (collectively,
the "Content"). The Content may be in the form of
information, text, data, images, graphics, button icons, registered
and unregistered trademarks, illustrations, photographs, audio
clips, music, sounds, pictures, videos, software, or other
forms and formats now known or later invented. In using this
Website, you must respect the intellectual property rights
of Fine Digital and others, all as outlined below. Your unauthorized
use of Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use
may result in your personal liability, including potential
criminal liability.
Copyrights
All Content is copyrighted, and it is either owned or used
with permission by Fine Digital. Fine Digital disclaims any
representation or warranty that your unauthorized use of Content
will not infringe upon rights of third parties not owned by
or affiliated with Fine Digital.
Except as set forth in this User Agreement or in the text
of this Website, you may not reproduce, distribute, publish,
transmit, modify, adapt, translate, display, distribute, sell,
license, publicly perform, prepare derivative works based
upon, or otherwise use or exploit the Content. You may download
one copy of portions of the Content in temporary storage on
one personal computer for your personal, non-commercial, non-political,
non-networked viewing and use only, provided you do not delete
or change any copyright, trademark, or other proprietary notices.
The foregoing limited right does not give you any ownership
of any Content. Except as expressly provided above, nothing
contained in this User Agreement may be construed as conferring
to you (by implication, estoppel, or otherwise) any license
or right to any Content under any copyright or any other intellectual
property right.
Fine Digital respects the intellectual property rights of
others. If you believe that your work has been infringed by
means of an improper posting or distribution of it via this
Website, then please see the paragraph below entitled Procedure
for Alleging Copyright Infringement.
Trademarks
The trademarks, logos, and service marks displayed on this
Website are owned by Fine Digital and third parties, and this
Website's trade dress is owned by Fine Digital (collectively,
the "Trademarks", which also constitute Content).
All Trademarks not owned by Fine Digital are the property
of their respective owners, and are used with permission.
Nothing contained on this Website may be construed as granting,
by implication, estoppel, or otherwise, any right or license
to use any Trademark.
Use Restrictions
You agree that you will not: (a) use this Website for any
commercial or political purpose (including, without limitation,
for purposes of advertising, soliciting funds, collecting
product prices, or selling products); (b) monitor, gather,
or copy Content on this Website by using any robot, "bot",
spider, crawler, spyware, engine, device, software, extraction
tool, or any other automatic device, utility, or manual process
of any kind; (c) frame or utilize framing techniques to enclose
any Trademark or other proprietary information (including,
without limitation, any images, text, or page layout); (d)
use any meta tags or any other "hidden text" utilizing
any Trademarks; (e) engage in any activities through or in
connection with this Website that seek to attempt to harm
minors or are unlawful, offensive, obscene, threatening, harassing,
or abusive, or that violate any right of any third party;
or (f) engage in any activity that interferes with a user's
access to this Website or the proper operation of this Website.
You also agree that, in using this Website, you will not impersonate
any person or entity.
Investigation: Cooperation with
Law Enforcement; Termination
Fine Digital reserves the right, without any limitation whatsoever,
to: (a) investigate any suspected breaches of its Website
security or its information technology or other systems or
networks, (b) investigate any suspected breaches of this User
Agreement, (c) involve and cooperate with law enforcement
authorities in investigating any such matters, (d) prosecute
violators of this User Agreement to the full extent of the
law, and (e) discontinue this Website or terminate your access
to it at any time, without notice, for any reason and without
any obligation to you whatsoeve
Privacy and Security Measures
Fine Digital must collect certain information in order to
operate this Website and to fulfill your requests or enable
participation in certain online activities. But Fine Digital
respects the privacy of its visitors, and is especially mindful
of protecting the privacy of young children visiting our sites.
Please click here to review our Privacy Policy.
We have adopted reasonable security measures to protect against
the loss, misuse, and alteration of the personal information
under our control. We use Secure Sockets Layer technology
to protect credit card data during transmission, and adopt
careful internal procedures to safeguard this information
in our system. Vendors, service providers, and others who
help us make this Website and our products and services available
must sign confidentiality agreements; they are not permitted
to use personal information except in connection with their
services to Fine Digital. Nevertheless, we cannot guarantee
complete security of personal information.
Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other
errors, and your use and browsing of this Website is at your
risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND
"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. FINE DIGITAL DOES NOT WARRANT THAT THIS
WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR
RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS
WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY,
MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN FINE DIGITAL
WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING SENTENCES, FINE DIGITAL WILL NOT BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS
AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL
PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please
note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not
apply to you.
Residents of California are entitled to the following specific
consumer rights information: you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs by mail at 400 R St., Suite
1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
California residents expressly agree to waive California Civil
Code Sec. 1542, which states: "A general release does
not extend the claims which the creditor does not know or
suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected
his settlement with the debtor."
Links by You to This Site
You are granted a limited, non-exclusive, revocable right
to create hyperlinks to
this Website, so long as: (a) the links are only to the home
page of this Website, (b) the links only incorporate text,
and do not use any Trademark graphics, (c) the links and related
content on your site do not suggest any affiliation with Fine
Digital or cause confusion among consumers, (d) the links
and related content on your site do not portray Fine Digital
or its products or services in a false, misleading, derogatory,
or otherwise offensive matter, and (e) the links and related
content on your site are not operated for any commercial purposes.
Links On This Website To And From
Other Sites
This Website may contain links to or from third-party sites
("Linked Sites"), including, without limitation,
sites operated by advertisers, licensors, licensees, and promotional
and business partners of Fine Digital. Fine Digital has no
control over the content of Linked Sites, and Fine Digital
does not assume any obligation to review any Linked Sites.
Fine Digital does not endorse, approve, or sponsor any Linked
Sites, or any content, advertising, information, materials,
products, services, or other items on or available on or from
them, and Fine Digital disclaims all liability in connection
therewith. Any activities you engage in connection with a
Linked Site is subject to the privacy policy, conditions of
use, and other terms imposed by the operator of the Linked
Site and Fine Digital disclaims all liability in connection
therewith.
Banners, Advertisements And Promotions
We reserve the right to post banners, advertisements, promotions,
and similar content throughout this Website. Any interactions,
correspondence, and business dealings that you have with any
advertisers and other third parties found on or through this
Website (including via Linked Sites) are solely between you
and the third party (including, without limitation, issues
related to the content of third party advertisements, payments,
delivery of goods, warranties, and the like). Fine Digital
disclaims all liability in connection with therewith.
Procedure For Alleging Copyright
Infrigment
Fine Digital will respond appropriately to notices of alleged
copyright infringement that comply with the U.S. Digital Millennium
Copyright Act ("DMCA"), as set forth below. If you
own copyrights in a work and believe that your intellectual
property rights in that work have been infringed by an improper
posting or distribution of it via this Website, then send
us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA
Copyright Infringement Notice";
(ii) a description of the copyrighted work that you
claim has been infringed;
(iii) the URL of the site and a description of where
the material that you claim is infringing is located on that
site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief
that the alleged infringing material is not authorized by
the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury,
that all the information in your notice is accurate, and that
you are the copyright owner (or, if you are not the copyright
owner, then your statement must indicate that you are authorized
to act on the behalf of the owner of an exclusive right that
is allegedly infringed); and,
(vii) your electronic or physical signature.
Fine Digital will only receive DMCA notices by mail, e-mail,
or facsimile at the addresses below:
By Mail: Fine Digital, Inc. 3003 N. First St, San Jose, CA
95134
By E-Mail: help@finedigital.com
By Facsimile: 408.232.5454.
Fine Digital may elect to not respond to DMCA notices that
do not comply with all of the foregoing requirements, and
Fine Digital may elect to remove allegedly infringing material
that comes to its attention via notices that do not comply
with the DMCA.
General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless Fine Digital
(which includes Fine Digital's affiliates and subsidiaries)
and its officers, employees, agents, business partners, licensors,
and licensees from any damages, liabilities, costs, and expenses
(including reasonable attorneys' fees) on account of any claim,
suit, action, demand, or proceeding made or brought against
any such party, or on account of the investigation, defense,
or settlement thereof, arising in connection with your use
of this Website.
B. Revisions to this Website and this User Agreement
Fine Digital may, in its sole discretion, make changes to
any aspect of this Website, including, without limitation,
any Content, any activities available on this Website, and
any products or services offered through this Website. Fine
Digital may also, in its sole discretion, revise this User
Agreement by updating or revising this document, with the
revised terms taking effect as of the date of its posting.
Continued use of this Website following the effective date
of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Fine Digital controls and operates this Website from its headquarters
in San Jose, California in the United States of America, and
Fine Digital makes no representation that this Website is
appropriate or available for use beyond the United States
of America. If you use this Website from other locations,
you are responsible for compliance with applicable local laws.
Although Fine Digital products and services are available
in many parts of the world, this Website may describe products
and services that are available only in the United States
of America (or only parts of it) and are not available worldwide.
D. Severability
If any provision of this User Agreement is deemed unlawful,
void, or unenforceable for any reason, then that provision
will be deemed severable from the remainder of this User Agreement
and will not affect the validity or enforceability of the
remainder of this User Agreement.
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