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Your use of and access to the Website and the Services
provided or made accessible to you by Production Masters,
Inc., or its subsidiaries and affiliates (collectively, “ PMI ”, “ we ”, “ us ” or
the like) are provided under these " Terms
of Use " and any amendments to these Terms
of Use that may be posted from time to time (collectively,
the " Terms ", " Terms
of Use " or this “ Agreement ”). The
term “ Website ” refers to each of the
web pages contained in all the Websites owned, operated
or controlled by us, including any Website through which
we may provide any of our products or services (collectively,
the “ Services ”).
PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR
USING THE WEBSITE OR THE SERVICES. You acknowledge
and agree that the Pennsylvania Electronic Transactions
Act (“ PETA ”) applies to the transactions
conducted on or through the Website and the Services and
that you and PMI may conduct any transactions contemplated
herein by electronic means. This means that you
expressly agree to receive communications and disclosures
from PMI via electronic mail, the Website or other electronic
means. By accessing or using the Website or the
Services, you are accepting the Terms and agreeing to be
legally bound by them. If you do not agree to be
legally bound by the Terms, you are not permitted to access
or use the Website or the Services.
Modification
PMI shall have the right, at its sole discretion, to modify,
add or remove any terms or conditions of these Terms of
Use without notice or liability to you. Any changes
to these Terms of Use shall be effective immediately
following the posting of such changes on this Website.
The most recent version of these Terms of Use may always
be found at http://www.pmidigital.com/termsofuse.php. You
agree to review these Terms of Use from time to time and
agree that any subsequent use by you of this Website following
changes to these Terms of Use shall constitute your acceptance
of all such changes. These Terms of Use were last
modified on June 7, 2004.
Restrictions on Use
This Website is for informational purposes only and is
not intended to provide specific advice. It is provided
to you solely for your own personal, non-commercial use
and not for purposes of resale, distribution, public display
or performance, or any other uses by you in any form or
manner whatsoever. Unless otherwise indicated on
this Website, you may display, download, archive, and print
a single copy of any information on this Website, or otherwise
distributed from PMI, for such personal, non-commercial
use, provided it is done pursuant to the User Conduct and
Obligations set forth herein.
You may not reverse engineer, decompile or otherwise attempt
to reconstruct the Website. You may not systematically
retrieve any material, content or information appearing
on or accessible through the Website (" Materials ")
to directly or indirectly compile or create a collection,
compilation, database or directory or any other service
or product, whether or not competitive with the Website,
without PMI's prior written consent. Except with
respect to commercially available applications commonly
known as “web browser” software, you may not use any software,
program, application or other device to access or log on
to the Website, or to automate the process of obtaining,
downloading, transferring or transmitting any Materials,
without PMI's prior written consent.
PMI and its licensors reserve all rights to the Website,
Services and Materials, and any other use of the Website,
Services and Materials for any purpose not expressly granted
in the Terms or any other applicable written agreement
between PMI and you is expressly prohibited.
Modification or Suspension of Website
PMI reserves the right, at its sole discretion, to modify,
disable access to or discontinue, temporarily or permanently,
any part or all of this Website or any information contained
thereon without liability or notice to you.
Privacy Policy
You have read and agree to all of the terms and conditions
of our Privacy Policy, which is located at: http://www.pmidigital.com/privacy.php.
Confidentiality and Transmissions over the Internet
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible
networks is not secure, and is subject to possible loss,
interception or alteration while in transit. Accordingly,
we do not assume any liability for any damage you may experience
or costs you may incur as a result of any transmissions
over the Internet or other publicly accessible networks,
such as transmissions involving the exchange of e-mail
with us (including those which may contain your personal
information). While we shall take commercially reasonable
efforts to safeguard the privacy of the information you
provide us and treat such information in accordance with
our Privacy Policy, in no event will the information you
provide to us be deemed to be confidential, create any
fiduciary obligations to you on our part, or result in
any liability to you on our part in the event that such
information is inadvertently released by us or accessed
by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations
when using this Website. Furthermore, you agree
that you shall not:
• Upload, post or otherwise transmit through
or to this Website any content that:
• Is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or otherwise objectionable;
• Might infringe the intellectual property
rights, privacy rights, rights of publicity, or other proprietary
rights of others;
• Contains any viruses, Trojan horses, time
bombs, or any other harmful programs or elements;
• Disrupt, place unreasonable burdens or
excessive loads on, interfere with or attempt to gain
unauthorized access to any portion of our Website, its
computer systems, servers or networks;
• Provide false information about yourself
to us, impersonate any other person, or otherwise attempt
to mislead others about your identity or the origin
of any content, message or other communication;
• Transmit junk mail, chain letters, or other
unsolicited bulk e-mail or duplicative messages;
• Collect information about other visitors
to our Website without their consent or otherwise systematically
extract data or data fields, including without limitation
any financial data or e-mail addresses;
• Sell access to or the use of this Website,
including any content contained on, downloaded or accessed
from this Website, except as specifically permitted
in writing by PMI;
• Redistribute any content, including financial
data, provided by us in any manner whatsoever including
by means of printed publication, fax broadcast, web
pages, e-mail, web newsgroups or forums, or any other
electronic or paper-based service or method;
• Intentionally alter the format in which
financial data is provided by us or otherwise circumvent
our regular interfaces to such data; and
• Embed or import any financial data provided
by us into any information services (whether or not
web-based), data files or application software, including
without limitation accounting and payroll systems, except
as except as specifically permitted in writing by PMI.
By uploading, posting or otherwise transmitting through
or to our Website any content, you grant to us, our successors
and assigns, a non-exclusive, world-wide, royalty free,
perpetual, non-revocable license to use or distribute such
content in any manner otherwise than as stated in our Privacy
Policy.
Third Party Websites, Content and Products
and Services
Links or pointers to other websites and references to
products and services offered by third parties are provided
to you for convenience only and do not constitute an endorsement
or approval by us of (i) the organizations that operate
such websites; (ii) the content, privacy policies or other
terms of use on such websites; or (iii) such third party
products and services. As we have no control or
responsibility over websites or content maintained by other
organizations, or for products and services offered by
third parties, we do not assume any liability for your
use of any of the foregoing, which use you acknowledge
and agree shall be at your own risk.
Proprietary Rights
The PMI trademarks, service marks, trade names, logos,
and other identifying marks of PMI are and shall remain
the trademarks and trade names and exclusive property of
PMI, and any unauthorized use of these marks is unlawful. Other
trademarks on this Website are the property of their respective
owners. All content on this Website, including without
limitation all programs, complied binaries, interface layout,
interface text, documentation and graphics, is the copyrighted
property of PMI and is protected by international copyright
law. The content on this Website may be used by
you only for your personal, non-commercial use as provided
for in these Terms of Use, but may not be taken out of
context or presented in a misleading or discriminatory
manner. Any rights not expressly granted to you are reserved
by PMI.
Notice of Copyright Infringement
Our policy is to comply with all intellectual
property laws and to act expeditiously upon receiving
any notice of claimed infringement. If you believe
that your work has been reproduced on this Website in
a manner that constitutes copyright infringement, please
provide a notice of copyright infringement containing
all of the following information:
• A physical or electronic
signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
• Identification of the
copyrighted work claimed to have been infringed.
• Identification of the
material on our Website that is claimed to be infringing
or to be the subject of infringing activity.
• The address, telephone
number or e-mail address of 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.
A statement, under penalty of perjury, that the information
in the notice of copyright infringement is accurate, and
that the complaining party is authorized to act on behalf
of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
PMI
David Hartman
Executive VP and General Manager
321 1st Avenue
Pittsburgh, PA 15222
Fax: 412-391-7529
E-mail: info@pmidigital.com
IMPORTANT: We at PMI are committed to
establishing our services in as many languages as possible.
However, our company is based in the United States and
our staff are English-speaking. We apologize, but we can
only correspond in English.
Disclaimer of Warranties, Exclusion of Damages
and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND
ACCESS TO THE SERVICES AND THE WEBSITE ARE AT YOUR SOLE
RISK. THE PERFORMANCE OF THIS WEBSITE AND ALL MATERIALS
AND INFORMATION CONTAINED ON, DOWNLOADED FROM OR ACCESSIBLE
THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER,
INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF
THE RIGHTS OF THIRD PARTIES, EACH OF WHICH IS EXPRESSLY
EXCLUDED. PMI shall be not responsible for any problems
or technical malfunction of any telephone network or lines,
computer on-line systems, servers, Internet access providers,
computer equipment, software, or any combination thereof
including any injury or damage to your or any other person's
computer as a result of using this Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PMI OR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
LICENSORS, CO-BRANDERS OR OTHER BUSINESS ASSOCIATES, BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES,
EVEN IF PMI OR ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING
OUT OF OR RELATED TO: (1) THE USE OF OR ACCESS TO OR THE
INABILITY TO USE OR ACCESS THE SERVICES OR THE WEBSITE,
(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES,
(3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON OR ACCESSIBLE THROUGH THE SERVICES OR THE WEBSITE, OR
(5) ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE. IN
NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
NEGLIGENCE OR OTHERWISE), EXCEED THE AMOUNTS PAID BY YOU
TO PMI, IF ANY, FOR ACCESSING OR USING THE SERVICES AND
THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents
harmless from and against any loss, liability, claim, demand,
damage, or expense (including reasonable legal fees) asserted
by any third party relating in any way to your use of this
Website or breach of these Terms of Use. We reserve
the right to assume the exclusive defense and control of
any matter subject to indemnification by you, which shall
not excuse your indemnity obligations.
Applicable Law
The Website and the Services (excluding any hyperlinked
web sites of third parties) are controlled by PMI from
its headquarters within the Commonwealth of Pennsylvania
in the United States of America. Accordingly, by
accessing or using the Website or the Services, you and
PMI agree that the statutes and laws of the Commonwealth
of Pennsylvania, including, without limitation, the Pennsylvania
Electronic Transactions Act, but excluding the conflicts
of laws principles of that or any other jurisdiction, will
apply to all matters relating to your use of or access
to the Website or the Services or the Materials or any
products or services available on or accessible through
the Website or the Services (except those specifically
subject to another written agreement).
Similarly, you and PMI also agree and hereby submit to
the exclusive personal jurisdiction and venue of the state
or federal courts situated in Allegheny County, Pennsylvania,
U.S.A., with respect to your use of or access to the Website
or the Services, or the Materials or any products or services
available on or accessible through the Website or the Services
(except those specifically subject to another written agreement).
Termination
These Terms are effective until terminated by either party. You
may terminate these Terms at any time by discontinuing
use of and access to all Services and the Website.
You agree that PMI may, in its sole discretion, and at
any time, terminate your use of or access to the Services
or the Website, and may remove or delete any Materials,
information or other content on the Website or in the Services,
for any reason, without prior notice to you. You further
agree that PMI shall not be liable to you or to any third
party for any termination of your use of or access to the
Services or the Website.
In the event of any termination of this Agreement or your
use of or access to the Services or the Website, you agree
that the provisions regarding Restrictions on Use, Links,
Disclaimer of Warranties, Third Party Websites, Proprietary
Rights, Disclaimer of Warranties, Exclusion of Damages,
Limitation of Liability, Indemnification and Applicable
Law shall survive any such termination.
General
If any provision of these Terms of Use is held invalid
or unenforceable in any respect by any court having competent
jurisdiction, such provision shall be enforced to the maximum
extent permitted by law, and the remaining provisions of
these Terms of Use shall continue in full force and effect. No
waiver of any provision of these Terms of Use shall be
deemed a further or continuing waiver of such provision
or any other provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy
and other notices posted on this Website have been drawn
up in English. Although translations in other languages
of any of the foregoing documents may be available, such
translations may not be up to date or complete. Accordingly,
you agree that in the event of any conflict between the
English language version of the forgoing documents and
any other translations thereto, the English language version
of such documents shall govern.
Contact
If you have any questions or concerns about our Website
or these Terms of Use, please feel free to contact
us. |
