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AGREEMENT
TO USE
BEYOND IMAGING & GRAPHICS WEBSITES
PLEASE
READ THESE TERMS OF AGREEMENT [AND PRIVACY STATEMENT] CAREFULLY
BEFORE USING THESE SITES. By using these Sites (as hereinafter
defined), you signify your assent to these terms. If you do
not agree to these terms, please do not use the Sites.
RESTRICTIONS ON USE OF MATERIALS.
These Sites are owned and operated by BEYOND IMAGING & GRAPHICS
and/or its subsidiaries (referred to as "BEYOND IMAGING
& GRAPHICS," "we," "us," or "our"
herein). No material from Beyondimaging.com or any other Web
site owned, operated, licensed or controlled by BEYOND IMAGING
& GRAPHICS ("Sites") may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single
computer for your personal, non-commercial home use only, provided
you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any
other purpose is a violation of BEYOND IMAGING & GRAPHICS´s
copyright and other proprietary rights. For purposes of this
Agreement, the use of any such material on any other Web site
or networked computer environment is prohibited.
In the event you download software from these Sites, the software,
including any files, images incorporated in or generated by
the software, and data accompanying the software (collectively,
the "Software") are licensed to you by BEYOND IMAGING
& GRAPHICS. BEYOND IMAGING & GRAPHICS does not transfer title
to the Software to you. You own the medium on which the Software
is recorded, but BEYOND IMAGING & GRAPHICS retains full and
complete title to the Software, and all intellectual property
rights therein. You may not redistribute, sell, decompile, reverse
engineer, disassemble or otherwise reduce the Software to a
human-perceivable form.
SUBMISSIONS.
BEYOND IMAGING & GRAPHICS appreciates hearing from its customers
and welcomes your comments regarding BEYOND IMAGING & GRAPHICS
products, including BEYOND IMAGING & GRAPHICS´s on-line
services. However, BEYOND IMAGING & GRAPHICS´s company
policy does not allow it to accept or consider creative ideas,
suggestions, inventions or materials other than those it has
specifically requested. Accordingly, we must insist that you
do not send us any such original creative materials. 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, inventions, suggestions
or materials.
If, despite our request that you not send us any creative materials,
you send us creative suggestions, ideas, notes, drawings, concepts,
inventions or other information (collectively, the "Information"),
the Information shall be deemed, and shall remain, the property
of BEYOND IMAGING & GRAPHICS. None of the Information shall
be subject to any obligation of confidence on the part of BEYOND
IMAGING & GRAPHICS and BEYOND IMAGING & GRAPHICS shall not be
liable for any use or disclosure of any Information. Without
limitation of the foregoing, BEYOND IMAGING & GRAPHICS shall
exclusively own all now known or hereafter existing rights to
the Information of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Information
for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Information. In addition,
even if Information is provided at the request of BEYOND IMAGING
& GRAPHICS, unless expressly stated otherwise in such request
for Information from BEYOND IMAGING & GRAPHICS, all such information
shall be subject to the ownership and other provisions set forth
above.
CONTESTS.
All participants in any games, quizzes, contests or other such
activities contained on any BEYOND IMAGING & GRAPHICS Sites
must be eighteen (18) years of age or older to enter.
JURISDICTIONAL ISSUES.
These Sites are controlled and operated by BEYOND IMAGING &
GRAPHICS from its offices within the State of New Jersey, United
States of America. BEYOND IMAGING & GRAPHICS makes no representation
that materials in the Sites are appropriate or available for
use in other locations. Those who choose to access these Sites
from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Software and technical data from these Sites
are further subject to United States export controls. No software
or technical data from these Sites may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, The Federal
Republic of Yugoslavia )Serbia and Montenegro) or any other
country subject to United States economic sanctions; or (ii)
to anyone on the U.S. Treasury Department´s list of Specially
Designated Nationals and Blocked Persons, or the U.S. Commerce
Department´s Denied Persons Lists, or the U.S. Commerce
Departmentís Entity List. 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.
In addition, please note that the Sites are intended for use
only by U.S. residents. BEYOND IMAGING & GRAPHICS acknowledges
the global reach of the World Wide Web, however, countries outside
the United States may have other legal or regulatory requirements
which require reference to different or additional information.
Therefore, the Sites may not be appropriate for use outside
the United States or by anyone other than an U.S. resident.
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 BEYOND IMAGING & GRAPHICS
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
BEYOND IMAGING & GRAPHICS if in BEYOND IMAGING & GRAPHICS´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 BEYOND IMAGING
& GRAPHICS Site(s) and all copies thereof, whether made under
the terms of this Agreement or otherwise. BEYOND IMAGING & GRAPHICS
reserves the right to alter or delete material from these Sites
at any time and may, at any time, revise the terms of this Agreement
by updating this posting. You are bound by any such revision
and should therefore periodically visit this page to review
the then current terms of this Agreement.
DISCLAIMER.
These Sites may from time to time contain information relating
to various medical, health and fitness conditions and their
treatment. This is for informational purposes only and is not
meant to be a substitute for the advice provided by your own
physician or other medical professional. You should not use
the information contained herein for diagnosing a health or
fitness problem or disease. You should always consult your own
physician and medical advisors.
BEYOND IMAGING & GRAPHICS uses reasonable efforts to include
accurate and up to date information in its Sites, BEYOND IMAGING
& GRAPHICS makes no warranties or representations as to its
accuracy. BEYOND IMAGING & GRAPHICS assumes no liability or
responsibility for any errors or omissions in the content of
Sites. BEYOND IMAGING & GRAPHICS has not reviewed all of the
sites that may be linked to its Sites, and is not responsible
for the content of any off-Site pages or any other sites linked
to these Sites. Your linking to any off-Site pages is at your
own risk.
Although BEYOND IMAGING & GRAPHICS may from time to time, monitor
or review the discussions, chats, postings, transmissions, bulletin
boards and other dialogue ("Dialogue") on its Sites,
BEYOND IMAGING & GRAPHICS is under no obligation to do so and
assumes no responsibility or liability arising from the Dialogue
contained in its Sites, or for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity,
danger or inaccuracy contained in any information within its
Sites. BEYOND IMAGING & GRAPHICS does not monitor or review
the content of any off-Site pages or any other sites linked
to its Sites and assumes no responsibility or liability arising
from the contents of such off-Site pages or sites, or for any
error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger or inaccuracy contained in any
information contained therein.
You shall not post or transmit any unlawful, threatening, libelous,
defamatory, obscene, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability,
or would otherwise violate the law.
THE MATERIALS IN THIS SITE AND ALL OTHER SITES ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, BEYOND IMAGING & GRAPHICS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYOND
IMAGING & GRAPHICS 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.
BEYOND IMAGING & GRAPHICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT BEYOND IMAGING & GRAPHICS) 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.
BEYOND IMAGING & GRAPHICS provides the contents of its Sites
for informational purposes and for your general interest and
entertainment only. By using the Sites you hereby agree not
to rely on any of the information contained herein. Under no
circumstances, including, but not limited to, negligence, shall
BEYOND IMAGING & GRAPHICS be liable for your reliance on any
such information nor shall BEYOND IMAGING & GRAPHICS be liable
for any direct, incidental, special, consequential, indirect
or punitive damages that result from the use of, or the inability
to use, the materials in these Sites or the materials in any
sites linked to these Sites, even if BEYOND IMAGING & GRAPHICS
or a BEYOND IMAGING & GRAPHICS 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 BEYOND
IMAGING & GRAPHICS´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 these Sites.
Other
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, 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. |