Design,
Copyright © 2002
Sanborn Web Designs™,
A Sanborn Corporation
All rights reserved
General:
This site was created by Sanborn Web Designs™, A Sanborn
Corporation and contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of this Prism Effects site is copyrighted
as a collective work under the United States copyright laws. Prism Effects
owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well
as in the content original to it and is protected by U.S. and
international copyright and trademark laws.
Site Visitors or Subscribers may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. Site
Visitors or Subscribers may download copyrighted material for Site
Visitor's or Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of Prism Effects
and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made.
Site Visitor or Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material. Prism Effects
shall have the right at any time to change or
discontinue any aspect or feature of this site, including, but not
limited to, content, hours of availability, and equipment needed for
access or use.
Subscriber Conduct
Subscriber shall use the Prism Effects site for
lawful purposes only. Subscriber shall not provide for posting or
transmit through this site any material which violates or infringes
in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which,
without Prism Effects express prior approval,
contains advertising or any solicitation with respect to products or
services.
Any conduct by a Site Visitor or Subscriber that in Prism Effects discretion restricts or inhibits any other Site
Visitor or Subscriber from using or enjoying of this Prism Effects site will not be permitted. Subscriber or Site
Visitor shall not use this site to advertise or perform any
commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line
information services competitive with this Prism Effects site.
Subscriber shall not provide for posting or otherwise make available
on any Prism Effects sites any material protected by
copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is
not protected by copyright rests with Subscriber. Subscriber shall
be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from
such a submission.
By submitting material to any public area of a Prism Effects site, or via email to any
Prism Effects email address, the subscriber or site visitor automatically grants,
or warrants that the owner of such material has expressly granted Prism Effects
the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works
in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material.
Subscriber also permits any other Site Visitor or Subscriber to
access, view, store or reproduce the material for that Site
Visitor's or Subscriber's personal use. Subscriber hereby grants Prism Effects
the right to edit, copy, publish and
distribute any material made available on a Prism Effects site by Subscriber.
Third Party:
Content Prism Effects, depending upon the site, is a
distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, Prism Effects has no more editorial control over such content than does a public
library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers, Subscribers or any other user of a Prism Effects
site, are those of the respective
author(s) and not of Prism Effects. Neither Prism Effects nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
In many instances, the content available through any Prism Effects site represents the opinions and judgments of the
respective information provider, Subscriber, or other user not under
contract with Prism Effects. Prism Effects neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on this Prism Effects
site by anyone other than authorized by Prism Effects. Under no circumstances will
Prism Effects be liable for any loss or damage caused by a
Site Visitor's reliance on information obtained through this Prism Effects
site.
It is the responsibility of Site Visitors to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or
other content available through site. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
Discussion/Message Forums:
This Prism Effects site may include
Discussion/Message Forums hosted on a third party server which allow
feedback to Prism Effects and real-time interaction
between users. Prism Effects does not control the
messages, information or files delivered to the Discussion/Message
Forums. It is a condition of your use of the Discussion/Message
Forums and this Web site that you do not: Restrict or inhibit any
other user from using and enjoying the Discussion/ Message
Forums.
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 upon 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.
Post, transmit or in any way exploit any information, software or
other material for commercial purposes, or which contains
advertising.
You understand that Prism Effects has no obligation
to monitor the Discussion/Message Forums. However, Prism Effects reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in Prism Effects
sole discretion are objectionable or in
violation of these terms and conditions and the terms and conditions
imposed upon Prism Effects by any third party
service provider. Third Party
Site Links Disclaimer:
This Prism Effects site may provided links to
Internet sites maintained by third parties. Neither Prism Effects, or any subsidiary companies operate or control
(unless so stated) in any respect to any information, products or
services on these third-party sites and Prism Effects, is not responsible for any links contained in the Third Party
Site or any changes or updates to Third Party Sites or Links
contained therein.
Prism Effects, provides these links to you only as a
convenience. The materials in this site and the third-party sites
are provided “as is” and without warranties of any kind either
express or implied. To the fullest extent permissible pursuant to
applicable law, Prism Effects disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular
purpose. Prism Effects 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,
including bulletin boards, or the server that makes it available,
are free of viruses or other harmful components. You (and not Prism Effects) assume the entire cost of all necessary
maintenance, repair or correction.
Limitation of liability:
Under no circumstances, including, but not limited to, negligence,
shall Prism Effects, any subsidiaries be liable for
any direct, indirect, incidental, special or consequential damages
that result from the availability of, the use of, or the inability
to use, this Prism Effects site or materials. You
specifically acknowledge and agree that Prism Effects is not liable for any defamatory, offensive or illegal conduct
of any Site Visitor or Subscriber.
If you are dissatisfied with any material on this Prism Effects site, or with any of the terms and conditions for use of
this Prism Effects site, your sole and exclusive
remedy is to discontinue using this Prism Effects site. Prism Effects
shall have the right at
any time to change or modify the terms of this service agreement
applicable to the use of this Prism Effects site, or
any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on this Prism Effects site, or
by electronic or conventional mail, or by any other means by which
Site Visitor or Subscriber obtains notice thereof. Any use of this Prism Effects
site by Site Visitor or Subscriber
after such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
Endorsements:
The appearance of any advertisement or specific company
logos/trademarks on this Prism Effects site is not
an endorsement of this Prism Effects site by said
advertisers or owners of said company logos/trademarks.
Trademarks:
Prism Effects is a trademark of Prism Effects. Microsoft® products referenced herein are either
trademarks or registered trademarks of Microsoft. Other product and
company names mentioned herein may be the trademarks of their
respective owners.
Other:
This Agreement and any operating rules for a Prism Effects site established by
Prism Effects constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter.
This agreement shall be governed by and construed in accordance with
the laws of the State of California without giving effect to any
principles or 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.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only
and shall not be given any legal import. Any rights not expressly
granted herein are reserved.
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