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Acceptance of Terms
This web site (the "Site") contains certain information, documents, software
and products (collectively, the "Materials") and various services (the
"Services"). VisMasters, Inc. ("VisMasters") provides you access to use such
Materials and Services subject to the terms and conditions set forth in this
document (the "Terms of Use"), which VisMasters may revise at any time and at
its sole discretion. By browsing or using this Site, you, and the entity, if
any, you represent, agree to be bound by the Terms of Use, and any revisions
thereto. You should periodically visit this page to determine the then current
Terms of Use to which you are bound. If you do not agree to these Terms of Use,
do not use this Site.
Copyright Notice/Use Restrictions
The Materials and Services provided on this Site, as well as the arrangement
of the content on the Site, are protected by law, including, but not limited
to, copyright law and/or other intellectual property laws. Except as expressly
authorized herein and/or by VisMasters or the copyright owner, none of the
Materials may be modified, copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means. In
addition, the Materials or Services contained on this Site may not be "mirrored"
on any other server without VisMasters' written permission. Further in
accessing and using the Site, you agree to comply with all applicable laws and
regulations, including United States export and re-export control laws and
regulations.
Use of Software
The software, and accompanying documentation, if any, made available for
download from this Site are the copyrighted works of VisMasters and/or its
vendors. Use of the software is governed by the terms of
the end user license agreement that
accompanies or is included with such software. You may not download or install
any software that is accompanied by or includes an end user license agreement
unless you agree to the terms of such. If you do not agree to such terms do not
download and install the software.
Use of Other Site Materials
You may display, copy, distribute and download the Materials on this Site
(other than the Software and accompanying documentation and other than the
design and layout of the Site) only for personal, non-commercial use, provided
you do not modify the Materials and that you retain all copyright and other
proprietary notices contained in such Materials.
The rights granted to you above constitute a license not a transfer of title.
These rights terminate automatically if you breach any of these terms or
conditions. Upon termination, you will immediately destroy any downloaded and
printed materials.
Trademarks
The trademarks, service marks, logos, and trade dress (the "Trademarks') used
and displayed on this Site are registered and unregistered Trademarks of
VisMasters and others. Nothing on this Site grants, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Site,
without the express written permission of the Trademark owner. The name of
VisMasters or the VisMasters logo may not be used in any way, including in
advertising or publicity pertaining to distribution of Materials on this Site,
without prior, written permission. VisMasters prohibits use of the VisMasters
logo as a "hot" link to any VisMasters site unless establishment of such a link
is approved in advance by VisMasters in writing.
A partial list of U.S. Trademarks owned by VisMasters follows. Any questions
concerning the use of these Trademarks or whether a Trademark that does not
appear on this list is a Trademark of VisMasters should be referred to VisMasters
at 163 East Main Street, Lexington, Kentucky 40507, 859-252-3118.
VisMasters®
RPC™
smartcontent™
realpeople™
realtrees™
Your Transmissions
Any material, information or idea you transmit to or post on this Site by any
means will be treated as non-confidential and non-proprietary. By posting such
material, information or ideas to the Site, you (i) grant to VisMasters and its
affiliates an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit, distribute or create derivative works of such materials
or information; (ii) agree that VisMasters is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose and (iii) warrant and
represent that you own or otherwise control all of the rights to the materials,
information and ideas and that public posting, use and distribution of such by
VisMasters will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other material that could give rise to any civil or
criminal liability under the law.
Safe Harbor
VisMasters is not responsible for any products sold herein that contain copyrighted material
of any sort. However, if a product is found to contain copyrighted material of any kind without
an explicit agreement between the rights holder and the creator of the product, please contact
us at support@vismasters.com and we will attempt fix the issue as best we can, depending on the
product, agreement, and other circumstances regarding the incident.
Use and Protection of Your Account Number and Password
You are responsible for maintaining the confidentiality of your account number and
password. You are responsible for all uses of your account, whether or not actually
or expressly authorized by you.
Disclaimers and Limitations of Warranties
Information on this Site may contain technical inaccuracies or typographical errors.
The Materials or Services contained within this Site, including the prices and
descriptions of products, may be changed, updated or discontinued at any time without
notice.
This Site is controlled and operated by VisMasters from its offices within the United
States. VisMasters makes no representation that Materials or Services provided through
this Site are appropriate or available for use in other locations. Those who choose to
access this Site from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Except as expressly provided otherwise in a written agreement (including licenses
downloaded with Software) between you and ArchVision, ALL MATERIALS AND SERVICES ON THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND AND VISMASTERS, ALONG WITH ITS
VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING,
VISMASTERS DOES NOT WARRANT OR MAKE ANY RESPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE
MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusions may not apply to
you; however to the extent permissible, any implied warranties are limited to ninety (90)
days.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VISMASTERS OR ITS
VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, OR FOR ANY USE OF THIS SITE, EVEN
IF VISMASTERS OR A VISMASTERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY MATERIALS
OR SERVICES FROM THIS SITE, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Termination of Access
We reserve the right to deny access to the Site to any person or entity whom we have
reasonable grounds to believe may be using the Site for an unlawful or unauthorized purpose
or in a manner that may harm us.
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