Effective October 1, 2011.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE MACBETH SITE. By accessing this Site you are representing that you are of such age.
2. Access to This Site
3. Restrictions on Use
You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you. Macbeth reserves the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.
4. Personal and Non-Commercial Use Limitation
This Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without Macbeth's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.
5. Product Purchases
Users may also use certain portions of the Site to link to third party websites in order to purchase products or services directly from such Vendors. If you purchase products or services from a Vendor on the Vendor's website, the Vendor, and not Macbeth, shall be responsible for all aspects of sales fulfillment generated from orders for Vendor's services and/or products, including, without limitation, processing payments, shipping orders, providing order status information (such as confirmation and shipping status), ordering and stocking inventory, processing exceptions and returns, refunds and credits, and insuring shipments. Macbeth shall take no part in, and have no responsibility or liability for, Vendor sales transactions.
6. Termination or Modification of the Site
7. Proprietary Information
8. Links to Third Party Sites
This Site may contain hyper-links to third party sites that are not maintained by, or related to, Macbeth. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Macbeth. Macbeth has not reviewed any or all of such sites and is not responsible for the content of those sites. Macbeth is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Macbeth will not be liable to you or any other party for any costs or damages arising, either directly or indirectly, out of any matter related to such sites. Hyper-links are to be accessed at the user's own risk, and Macbeth makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Macbeth provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Macbeth of that site or any association with its operators.
9. General Practices Regarding Use and Storage
You acknowledge that Macbeth may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Information will be retained by the Site. You agree that Macbeth has no responsibility or liability for: (i) the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or (ii) Macbeth's election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that Macbeth reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. User Conduct
The Macbeth Site may contain posting areas, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send and receive messages and content that is proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this Site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing or threatening;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
xvi) amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Macbeth nor any third party that provides Content to Macbeth will assume or have any liability for any action or inaction by Macbeth or such third party with respect to any submission. Macbeth cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Macbeth does not control or endorse the content, messages or information found in any Communication Service and, consequently, Macbeth specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Macbeth spokespersons, and their views do not necessarily reflect those of Macbeth. By use of the Site you release Macbeth from liability for removing or refusing any information.
You hereby grant to Macbeth the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Macbeth through this Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Macbeth will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Macbeth operations.
You understand that Macbeth cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Macbeth does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Macbeth.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MACBETH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MACBETH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE 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. MACBETH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MACBETH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MACBETH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MACBETH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Macbeth does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
13. Limitation on Liability
MACBETH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MACBETH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MACBETH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MACBETH FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
14. Termination of Restriction of Access
Macbeth reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.
16. Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Macbeth or the party that provided the trademarks, services marks, logos, and copyrighted works to Macbeth. Macbeth and any party that provided trademarks, service marks, logos, and copyrighted works to Macbeth retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
All contents of the Macbeth Site that are not the coyrighted property of a third party who provided those contents to Macbeth are: Copyright 2009. Macbeth, Inc., 2251 Las Palmas Drive, Carlsbad, CA 92011. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the firstname.lastname@example.org and reference 'Copyright Infringement' in the subject line. Macbeth will not respond to inquiries where it determines no infringement has occurred.
If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
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; and
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.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows: Amy R. Arroyo, 2251 Las Palmas Drive, Carlsbad, CA 92011. +1 (760) 431-8055 x110 (Phone); +1 (760) 431-9551 (Fax) or to email@example.com to the attention of Amy R. Arroyo.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.