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LEGAL
NOTICES
Terms And
Conditions Of Use
Thank you
for visiting our site. In this Terms and Conditions of Use, “we” or
“us” or “Eprints4u.com” refers to Global Internet Software Systems,
Inc. and its affiliates. We and our affiliates make available a variety
of products and services through the Eprints4u Online Plan Room™
(collectively, the “Products and Services”) and information, documents
and images (collectively, “Materials”) subject to the following terms
and conditions.
PLEASE READ
THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE
SITE. THEY CONTAIN IMPORTANT LEGAL OBLIGATIONS.
The
Eprints4u Online Plan Room™ (the site) is provided by Eprints4u.com .
By using the site, uploading materials to the site or downloading
materials from the site, you agree to abide by the terms and conditions
set forth in this notice. If you do not agree to abide by these terms
and conditions do not use the site, upload materials to the site or
download materials from the site.
ACCEPTANCE
By using the
Eprints4u Online Plan Room™ and the Products and Services appearing on
the site, you agree, without limitation or qualification, to be bound
by, and to comply with, these Terms and Conditions of Use and any other
posted guidelines or rules applicable to the site. All such guidelines
and rules are hereby incorporated by reference into these Terms and
Conditions of Use.
PRIVACY
POLICY
Account
information and certain other information about you is subject to our
Privacy Policy. For more information, please see our full Privacy
Policy. [the words, “Privacy Policy” should provide a click-through to
the applicable policy page on the site.]
CONDITIONS
AND RESTRICTIONS ON USE
You
acknowledge and agree that Eprints4u.com may terminate your access to
the site should you fail to comply with the Terms and Conditions of Use
or any other guidelines and rules published by Eprints4u.com. Any such
termination shall be in Eprints4u.com’s sole discretion and may occur
without prior notice, or any notice. Eprints4u.com further reserves the
right to terminate any user’s access to the site or to any of the
Products and Services for any conduct that Eprints4u.com, in its sole
discretion, believes is or may be, directly or indirectly, harmful to
other users, to Eprints4u.com or its subsidiaries, affiliates, or
business contractors, or to other third parties, or for any conduct
that does or may violate any local, state, federal, or foreign laws or
regulations. Eprints4u.com further reserves the right to terminate any
user’s access to the site or to any of the Products and Services for
any reason or for no reason at all, in Eprints4u.com’s sole discretion,
without prior notice, or any notice.
Eprints4u.com
does not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected
status.
PROPRIETARY
RIGHTS TO CONTENT
You
acknowledge and agree that this site contains information, data,
software, photographs, graphics, text, images, logos, icons, typefaces,
audio and video material, and/or other material (collectively
“Content”) protected by copyrights, trademarks, or other proprietary
rights, and that these rights are valid and protected in all forms,
media, and technologies existing now or hereinafter developed. The
Content is our property or that of our suppliers or licensors. The
compilation (meaning the collection, arrangement, and assembly) of all
content on this site is our exclusive property and is protected by U.S.
and international copyright laws. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer,
license or sell, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions
are displayed, you may make one copy of select portions of the Content,
provided that the copy is made only for your personal information and
non-commercial use and that you do not alter or modify the Content in
any way, and maintain any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws, you may not
upload, post, reproduce, perform, or distribute in any way any Content
without obtaining permission of the owner of the copyright, trademark
or other proprietary right.
TRADEMARKS
The
Eprints4u.com logo, Eprints4u logo, Plan Room logo and all related
marks are service marks or trademarks of Global Internet Software
Systems, Inc.. They may not be used or displayed without our prior
written consent. All other trademarks, Product or Service names, and
company names and logos appearing on the site are the property of their
respective owners, and may be used only with the permission of the
particular owner.
DISCLAIMERS
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THE PRODUCTS AND SERVICES AND MATERIALS ARE PROVIDED “AS IS”
AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WE EXPRESSLY DISCLAIM: (1) ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AND ALL STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE DO NOT WARRANT OR REPRESENT, AND
THAT WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR: (1) THE
SECURITY, RELIABILITY, ACCESSIBILITY, TIMELINESS OR PERFORMANCE OF THE
SITE, USER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY US ON THE
SITE, ON LINKED SITES, THE PRODUCTS AND SERVICES, OR OTHERWISE; (2) THE
ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY
OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND
SERVICES; (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL; (4) ANY HARM RESULTING FROM
UPLOADING, DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH
THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM
CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL UPLOADED, DOWNLOADED OR
OTHERWISE TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SITE OR THE
PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED,
INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. YOU (AND NOT US
OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE
LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OR FROM THE SITE OR THE PRODUCTS AND SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN
SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU
INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION
OF LIABILITY
IN NO EVENT
SHALL WE OR ANY OF OUR AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR THE
CONTENT, MATERIALS, OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, OR
FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED; OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OF DATA, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR
OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER INTANGIBLES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE
TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS SITE AND ITS RELATED WEB SITES.
WAIVER OF
JURY TRIAL
THE PARTIES
HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY
LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND
CONDITIONSOF USE, USER’S USE OF THE SITE, OR THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY.
REGISTRATION
AND USER’S ACCOUNT OBLIGATIONS
Use of the
Eprints4u Online Plan Room™ will require the user to register and
provide certain data. In consideration of use of the site, in
registering and providing such data, you represent and warrant that:
(a) the information about yourself is true, accurate, current, and
complete (apart from optional items) as required or prompted by various
Eprints4u Plan Room™ registration forms (“Registration Data”), and (b)
you will maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of
the Products and Services and/or the site.
All
Eprints4u Online Plan Room™ registrations become the exclusive property
of Eprints4u.com, its affiliates and subsidiaries.
RESPONSIBILITY
FOR MINORS
In cases
where you have authorized a minor to use the Products and Services, you
recognize that you are fully responsible for: (i) the online conduct of
such minor; (ii) controlling the minor’s access to and use of the
Products and Services; and (iii) the consequences of any misuse by the
minor.
STORAGE
Many
features of the Eprints4u Online Plan Room™ store information (“User
Content”) on behalf of users. Examples include, without limitation,
drawings, images, documents, project data, contacts, calendar
functions, transmitals and notifications. We reserve the right, in our
sole discretion, to remove any content that we deem obscene, vulgar,
sexually-oriented, hateful, threatening, or that might otherwise
violate any laws. We reserve the right, in our sole discretion, to
limit the amount of storage space available per user or to delete
materials stored for an excessive period while the user’s account has
been inactive. We use commercially reasonable standards and practices
to backup User Content. The foregoing notwithstanding, we make no
warranties or representations regarding its backup practices, and do
not warrant that we will be able to restore lost data. We recommend
that users perform regular backups and take other appropriate measures
to copy and protect their own data that may be lost in the event of a
catastrophe.
USER CONTENT
By
submitting User Content to the Site, you grant Eprints4u.com the
following licenses:
For User
Content including, without limitation, documents, files, images or
other material stored on the Site, you hereby grant Eprints4u.com an
unrestricted, worldwide, royalty-free, nonexclusive license to
reproduce and modify such User Content. This license will remain in
effect until such User Content is removed from the Site.
For User
Content such as comments to the Eprints4u.com user forums, bug reports,
piracy reports, or product suggestions, you grant Eprints4u.com an
unrestricted, worldwide, royalty-free, nonexclusive, irrevocable
license to use, reproduce, display, perform, modify, transmit, and
distribute such User Content, and you also agree that Eprints4u.com is
free to use any ideas, concepts, know-how, or techniques that you
submit to the Site for any purpose.
ADVERTISERS
AND CONTENT LINKED TO THE Eprints4u ONLINE PLANROOM™
We may
provide, or third parties may provide, links to other sites or
resources located on the World Wide Web by allowing a user to leave the
Eprints4u Online Plan Room™ to access thirdparty material or by
bringing the third party material into this site via “inverse”
hyperlinks and framing technology. We have no control over such sites
and resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do not
endorse and are not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such site or resource.
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Eprints4u Online
Plan Room™ Products and Services, including payment and delivery of
related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that we shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on
the Product and Services.
INDEMNITY
AND RELEASE
By using the
Eprints4u Online Plan Room™ you agree to indemnify Eprints4u.com, its
subsidiaries, affiliates, officers, employees, agents, co-branders or
other partners, and licensors, and hold us and them harmless from any
and all claims and expenses, including attorney’s fees, arising from
your use of, or connection to the Eprints4u Online Plan Room™ site,
your use of the Products and Services, your submission of ideas and/or
related materials to Eprints4u.com, from any person’s use of any
account or password you maintain with any portion of the Eprints4u
Online Plan Room™, regardless of whether such use is authorized by you,
your violation of the terms of service, or your violation of any rights
of another. By using the Eprints4u Online Plan Room™, using the
Products and Services, or submitting any ideas and/or related materials
to Eprints4u.com, you are hereby agreeing to release Eprints4u.com, its
subsidiaries, affiliates, officers, employees, agents, and licensors
from any and all claims, demands, debts, obligations, damages (actual
or consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising out of
or in any way related to such disputes and/or to the Products and
Services or to any disputes regarding use of ideas and/or related
materials submitted to Eprints4u.com.
EXPORT
CONTROL
The U.S. export control laws regulate the
export and re-export of technology originating in the United States.
This includes the electronic transmission of information and software
to foreign countries and to certain foreign nationals. You agree to
abide by these laws and their regulations, including but not limited to
the Export Administration Act and the Arms Export Control Act and not
to transfer, by electronic transmission or otherwise, any Content
derived from the Eprints4u Online Plan Room™ site to either a foreign
national or a foreign destination in violation of such laws.
LINKS TO
THIRD PARTY SITES
This Site
may contain links to other Internet sites on the World Wide Web. We
provide such links for your convenience only, and are not responsible
for the content of any site linked to or from this site. Links from
this site to any other site do not mean that we approve of, endorse or
recommend that site, other than the sites of affiliates. We disclaim
all warranties, express or implied, as to the accuracy, legality,
reliability or validity of any content on any other site. You hereby
waive any claim you might have against us with respect to such other
sites.
APPLICABLE
LAW
These Terms
and Conditions of Use will be governed by and construed in accordance
with the laws of the State of Delaware,
without regard to any principles of conflicts of law. You agree that
any action at law or in equity that arises out of or relates to these
Terms and Conditions of Use will be filed only in the state or federal
courts located in Delaware,
and you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action.
INTERNATIONAL
USE
We make no
representation that materials on this site are appropriate or available
for use in locations outside the United States, and
accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with
local laws.
GENERAL
INFORMATION
These Terms
and Conditions of Use constitute the entire agreement and understanding
between you and us, superseding any prior agreements and
understandings, and govern your use of the site. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. Our
failure to exercise or enforce any right or provision of the Terms and
Conditions of Use shall not constitute a waiver of such right or
provision. If any provision of the Terms and Conditions of Use is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the Terms and Conditions of Use remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the site or the Terms and Conditions of Use must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.
The section
titles in the Terms and Conditions of Use are for convenience only and
have no legal or contractual effect.
No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms and Conditions of
Use.
Any rights
not expressly granted herein are reserved by and for us.
COPYRIGHT
COMPLAINTS
We respect
the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied and is accessible
on the site in a way that constitutes copyright infringement, you may
notify us by providing our copyright agent the following information:
(1) an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(2) a
description of the copyrighted work that you claim has been infringed;
(3)
identification of the URL or other specific location on the site where
the material that you claim is infringing is located;
(4) your
address, telephone number, and email address;
(5) a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(6) a
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our agent
for notice of claims of copyright infringement on the Site can be
reached at: Phil Magenheim Ideal.com 11810 Parklawn Drive Rockville, MD
20852 301-468-0123
MODIFICATIONS
Notice of
all changes to these Terms and Conditions of Use will be delivered via
email, and the changed Terms and Conditions of Use will be posted on
the site. You will have the time set forth in such notice to inform us
if you do not agree with the changes. If you do not agree with the
changes in the Terms and Conditions of Use, your sole remedy is to
discontinue the use of the site. BY USING THIS SITE AFTER WE POST ANY
CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO
ACCEPT THOSE CHANGES.
NOTICES
All notices
provided for under these Terms and Conditions of Use are to be provided
by email. As set forth above, it is your sole responsibility to ensure
the accuracy and reliability of the email address that you provide, and
all of our notice delivery obligations shall be deemed completed upon
the transmission of the email notice from our computer systems, whether
or not such notices are in fact received by you. Any email sent to us
shall be deemed received by us at the time such notice is actually
received on our computer system. Any inquiries concerning these terms
and conditions of use should be directed to sales@Eprints4u.com.
COPYRIGHT,
TRADEMARK, AND PATENT NOTICES
All contents
of this site are Copyright © 2007 Copyright © 2007
Eprints4u.com, and/or its suppliers. All rights reserved. Copyright and
other intellectual property laws and treaties protect any content
provided herein. Eprints4u Online Plan Room and any other Eprints4u.com
products and services referred to herein may also be either trademarks
or registered trademarks of Eprints4u.com in the United States and/or other
countries. The names of actual companies and products mentioned in the
site may be the trademarks of their respective owners.
The
Eprints4u Online Plan Room™, its structure and operation, is protected
by U.S.
patent 7,016,901.
TERMINATION;
SURVIVAL
These Terms
and Conditions of Use shall continue in effect for as long as you use
the Products and Services, unless specifically terminated earlier by
Eprints4u.com. All provisions of these Terms and Conditions of Use
which impose obligations continuing
Copyright
© 2007
Eprints4u.com
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