|
Copyrights.
This web site ("Site") and the materials within it are © 2003 The
Graphic Arts Exchange ("GAX"). Viewing this Site creates a copy
of GAX materials in your computer's random access memory and/or
in your hard drive and/or in your proxy server.
Use License.
GAX grants you permission to view this Site and to print individual
pages from this Site for your own personal, noncommercial use, provided
that you agree to and accept without modification the notices, terms
and conditions set forth in this agreement. You may not modify,
copy (except as set forth in the preceding sentence), distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information, material,
software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance
without modification of the notices, terms and conditions set forth
herein. In addition, as a condition of your use of this Site, you
represent and warrant to GAX that you will not use this Site for
any purpose that is unlawful, immoral or prohibited by the GAX terms,
conditions and notices. If you do not agree and accept without modification
the notices, terms and conditions set forth herein, do not use this
Site. Other than this agreement and agreements between you and GAX
relating to the sale of products or services to you through this
Site, GAX will not enter into any agreement with you or obligation
to you through this Site and no attempt to create such an agreement
or obligation will be effective.
User Conduct
You agree to access and use GAX only for lawful purposes. Any unauthorized
commercial use of the Service, or the resale of its services, is
expressly prohibited. You agree to abide by all applicable local,
state, national and international laws and regulations and are solely
responsible for all acts or omissions that occur under your account
or password, including the (i) content of your transmissions through
the Service. (ii) your use of GAX, including any Interactive Area,
(iii) the use of any networks or other services connected to GAX,
and (iv) the communications means by which you connect your modem,
computer, or other equipment to GAX. By way of example, and not
as a limitation, you agree not to:
- restrict or inhibit any other user from using and enjoying the
Interactive Features;
- post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any
local, state, national, or international law;
- post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
- post or transmit any information, software or other material
which contains a virus or other harmful component;
- alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the
ability of others to access GAX;
- disrupt the normal flow of communication in an Interactive Area;
- claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized
to claim such a relationship;
- violate any operating rule, policy or guideline of your Internet
access provider or online service.
- attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means; or
- interfere with another member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services.
Member Account, Password, & Security
To open a FREE GAX USER LEVEL ACCOUNT, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the Registration Form. You then will choose a password
and an account name. Membership privileges are granted by GAX to
individuals exclusively and are granted specifically to the subscribing
registered member only. Membership rights cannot be assigned, sublicensed,
distributed, shared, viewed, accessed, or otherwise transferred
to anyone other than the registered member without the express written
permission of GAX. GAX requires that each registered user maintain
a valid email address and a password, which shall be utilized for
logging on to the GAX system. Members are not permitted to share
their individual logon information with others. You are entirely
responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree to notify
GAX immediately of any unauthorized use of your account or any other
breach of security.
Intellectual Property Rights
(a) You acknowledge that Content on GAX is generally provided by
GAX, individual contributors of Content ("Contributors"), third
party licensees, and/or other Users. You acknowledge that GAX permits
access to Content that is protected by copyrights, trademarks, and
other proprietary (including intellectual property) rights ("Intellectual
Property Rights"), and that these Intellectual Property Rights are
valid and protected in all media existing now or later developed
and except as is explicitly provided below, your use of Content
shall be governed by applicable copyright and other intellectual
property laws. You acknowledge that GAX owns a copyright in the
"look and feel," i.e., the selection, coordination, arrangement
and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware
and software to access and view the Content, (ii) print one copy
of each piece of Content, (iii) make and distribute a reasonable
number of copies of Content, in whole or in part, in hard copy or
electronic form for internal use only. Any permitted copies of Content
must reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "GAX" and its URL address. You acknowledge
that GAX, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property Rights
by downloading or printing Content.
Trademarks.
The trademarks, service marks and logos (the "Trademarks") used
and displayed on this Site are registered and unregistered Trademarks
of GAX and others. Nothing on this Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to use
any Trademark displayed on the Site, without the prior written permission
of the Trademark owner. GAX aggressively enforces its intellectual
property rights to the fullest extent of the law. The name of the
Graphic Arts Exchange, Graphic Arts Data, GAX, or the other GAX
formatives may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on this Site,
without prior, written permission from GAX. Fair use of GAX Trademarks
requires proper acknowledgment. Other product and company names
mentioned in this Site may be the Trademarks of their respective
owners.
Links to Third Party Sites.
This Site may contain links to Sites owned or operated by parties
other than GAX. Such links are provided for your reference only.
GAX does not control outside Sites and is not responsible for their
content. GAX' inclusion of links to an outside Site does not imply
any endorsement of the material on the Site or, unless expressly
disclosed otherwise, any sponsorship, affiliation or association
with its owner, operator or sponsor, nor does GAX' inclusion of
the links imply that GAX is authorized to use any trade name, trademark,
logo, legal or official seal or copyrighted symbol that may be reflected
in the linked Site.
Listing / Sales Information.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR
REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET
FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS
OF GAX OR ANY OF ITS AFFILIATES OR AGENTS. GAX DOES NOT REPRESENT
OR WARRANT THAT THE SERVICE AND ALL INFORMATION, TEXT, GRAPHICS,
IMAGES, HYPERLINKS AND OTHER MATERIAL AVAILABLE ON OR THROUGH THE
SERVICE 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. GAX DOES NOT WARRANT
OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
AVAILABLE THROUGH THE SERVICE OR FROM THIRD PARTIES WILL BE CORRECT,
ACCURATE, TIMELY, RELIABLE OR OTHERWISE. LISTING INFORMATION PROVIDED
BY GAX SHOULD BE USED SOLELY TO OBTAIN INFORMATION FROM WHICH FURTHER
EVALUATION AND INVESTIGATION MAY COMMENCE. YOU MAY NOT ACT OR RELY
ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY
SHOULD NOT MAKE ANY INVESTMENT OR PURCHASE DECISIONS BASED ON ANY
INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY
THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING
OR RELYING THEREON OR MAKING ANY INVESTMENT OR PURCHASE DECISIONS
IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME
TO TIME WITHOUT NOTICE.
Interactive Areas:
YOU ACKNOWLEDGE THAT GAX MAY INCLUDE VARIOUS INTERACTIVE AREAS
("INTERACTIVE AREAS"), INCLUDING BUT NOT LIMITED TO EQUIPMENT LISTINGS
& DEALER REVIEWS. THESE INTERACTIVE AREAS ALLOW FEEDBACK TO GAX
AND INTERACTION BETWEEN USERS. YOU FURTHER UNDERSTAND THAT GAX DOES
NOT CONTROL THE MESSAGES, INFORMATION, OR FILES DELIVERED TO SUCH
INTERACTIVE AREAS AND THAT GAX MAY OFFER YOU AND OTHER USERS THE
CAPABILITY OF CREATING AND MANAGING INFORMATION, COMMUNICATIONS,
AND OR OTHER CONTENT WITHIN AN INTERACTIVE AREA. HOWEVER, NEITHER
GAX, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, NOR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE RESPONSIBLE
FOR CONTENT WITHIN ANY INTERACTIVE AREA.
YOUR USE OF AN INTERACTIVE AREA WILL BE GOVERNED BY THIS AGREEMENT
AND ANY ADDITIONAL RULES OR OPERATING PROCEDURES OF ANY INTERACTIVE
AREA ESTABLISHED, AS APPLICABLE. YOU RECOGNIZE THAT GAX CANNOT,
AND DOES NOT INTEND TO, SCREEN COMMUNICATIONS IN ADVANCE. MOREOVER,
BECAUSE GAX ENCOURAGES OPEN AND CANDID COMMUNICATION IN THE INTERACTIVE
AREAS, GAX CANNOT DETERMINE IN ADVANCE THE ACCURACY OR CONFORMANCE
TO THIS AGREEMENT OF ANY CONTENT TRANSMITTED IN AN INTERACTIVE AREA.
GAX IS NOT RESPONSIBLE FOR SCREENING, POLICING, EDITING, REVIEWING
OR MONITORING ANY CONTENT IN AN INTERACTIVE AREA.
NOTWITHSTANDING THE ABOVE, YOU AGREE THAT GAX HAS THE RIGHT TO
MONITOR ANY INTERACTIVE AREA, FROM TIME TO TIME AND TO DISCLOSE
ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER
GOVERNMENTAL REQUEST, TO OPERATE THE INTERACTIVE AREA, OR TO PROTECT
ITSELF OR OTHER USERS. IF NOTIFIED OF CONTENT THAT IS ALLEGED NOT
TO CONFORM TO THIS AGREEMENT, GAX MAY INVESTIGATE THE ALLEGATION
AND DETERMINE IN ITS SOLE DISCRETION WHETHER TO REMOVE OR REQUEST
THE USER TO REMOVE SUCH CONTENT. GAX RESERVES THE RIGHT TO PROHIBIT
CONDUCT, COMMUNICATION OR CONTENT WITHIN AN INTERACTIVE AREA, OR
TO EDIT, REFUSE TO POST, OR TO REMOVE ANY CONTENT, IN WHOLE OR IN
PART, WHICH IT DEEMS IN ITS SOLE DISCRETION TO (I) VIOLATE THE THEN-STANDARD
PROVISIONS OF THIS AGREEMENT OR ANY OTHER STANDARD, WRITTEN GAX
POLICY IN EFFECT AT THAT TIME, (II) BE HARMFUL TO THE RIGHTS OF
ANY USER, GAX, OR OTHER THIRD PARTIES, (III) VIOLATE APPLICABLE
LAW, OR (IV) BE OTHERWISE OBJECTIONABLE.
NO WARRANTIES; EXCLUSION OF LIABILITY.
GAX ACTS AS A PASSIVE CONDUIT FOR THE ONLINE DISTRIBUTION AND PUBLICATION
OF USER-SUBMITTED INFORMATION AND HAS NO OBLIGATION TO SCREEN COMMUNICATIONS
OR INFORMATION IN ADVANCE AND IS NOT RESPONSIBLE FOR SCREENING OR
MONITORING MATERIAL POSTED BY USERS. GAX MAKES NO REPRESENTATION
ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE.
ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED. THE GRAPHIC ARTS EXCHANGE SPECIFICALLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GAX SHALL NOT
HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION
WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY
OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE
OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL GAX, ITS AFFILIATES
OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY
OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION
WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of GAX in operating GAX, or any change
in Content, is for you to discontinue accessing GAX. GAX may terminate
or temporarily suspend your access to all or any part of GAX, without
notice, for conduct that GAX believes is a violation of this Agreement
or any policies or guidelines posted by GAX, or for other conduct
which GAX believes, in its sole discretion, is harmful to GAX or
other Users. GAX may discontinue operating GAX and terminate this
Agreement without notice at any time for any reason in its sole
discretion. In the event of termination, you are no longer authorized
to access GAX, including the Interactive Areas, and the restrictions
imposed on you with respect to Content downloaded from GAX, as well
as the disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
E-Mail Communication
Although GAX will in most circumstances be able to receive your
e-mail or other information provided through this Site (including,
without limitation, service requests and other submissions), GAX
does not guarantee that it will receive all such e-mail or other
information timely and accurately and shall not be legally obligated
to read, act on or respond to any such e-mail or other information.
Be aware that Internet e-mail typically is not secure.
Copyright Agent
It is the policy of The Graphic Arts Exchange to respond to claims
of intellectual property infringement. The Graphic Arts Exchange
will promptly process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium Copyright
Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and
other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement
should be sent to a Service Provider's Designated Agent. Notification
must be submitted to the following Designated Agent for these sites:
Graphic Arts Data
Copyright Agent
Attn: DS Marrinan
8741 Lake St. Rd.
Leroy, NY 14610
United States of America
Phone: 585.768.9463
Fax: 585.768.9466
To be effective, the notification must be a written communication
that includes the following:
- A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
- Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site; ·
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
- Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number and, if available, an electronic mail address at which
the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
General.
This Site is operated from our offices in New York, USA. You agree
that this agreement and your use of this Site are governed by the
laws of the State of New York, USA. You hereby consent to the exclusive
jurisdiction and venue of the courts, tribunals, agencies and other
dispute resolution organizations in New York, USA in all disputes
(a) arising out of, relating to, or concerning this Site and/or
this agreement, (b) in which this Site and/or this agreement is
an issue or a material fact, or (c) in which this Site and/or this
agreement is referenced in a paper filed in a court, tribunal, agency
or other dispute resolution organization. Use of this Site is unauthorized
in any jurisdiction that does not give full effect to all provisions
of this agreement, including without limitation this paragraph and
the warranty disclaimers and liability exclusions above. GAX has
endeavored to comply with all legal requirements known to it in
creating and maintaining this Site, but makes no representation
that materials on this Site are appropriate or available for use
in any particular jurisdiction. Use of this Site is unauthorized
in any jurisdiction where all or any portion of this Site may violate
any legal requirements and you agree not to access this Site in
any such jurisdiction. You are responsible for compliance with applicable
laws. Any use in contravention of this provision or any provision
of this agreement is at your own risk and, if any part of this agreement
is invalid or unenforceable under applicable law, the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall govern such use.
You agree that GAX may at any time and without notice change the
terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency
relationship exists between you and GAX as a result of this agreement
or your use of this Site.
GAX performance of this agreement is subject to existing laws and
legal process and nothing contained in this agreement is in derogation
of GAX' right to comply with law enforcement requests or requirements
relating to your use of this Site or information provided to or
gathered by GAX with respect to such use.
This agreement constitutes the entire agreement between you and
GAX with respect to this Site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between you and GAX with respect to this Site.
No modification of this agreement shall be effective unless it is
authored by GAX or its affiliates, or unless it is physically signed
in blue ink by a GAX officer. Any alleged waiver of any breach of
this agreement shall not be deemed to be a waiver of any future
breach. A printed version of this agreement and/or of any notice
given by GAX in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
or your use of this Site to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained by GAX in printed form.
OTHER RIGHTS OF GAX
You agree that GAX shall have the right to use Listings and other
information submitted to it for any purpose, without payment of
any kind to you, including without limitation for publication of
all or part of such Listing in any manner. GAX shall have sole authority
to choose the manner in which any Listing will be received, displayed
and used by the Service, and reserves the right to remove all or
any part of a Listing or refuse Services to anyone at any time in
its sole discretion. GAX shall have no obligation to (i) resolve
disputes among users of the Service; or (ii) monitor or verify the
accuracy or proper use of the Listings.
|
