Terms & Usage
This page states the Terms and Conditions
under which you may use CHROMA-GRAPHICS.COM. Please read
this page carefully. If you do not accept the Terms and Conditions
stated here, do not use this website. Marc Taylor Design, LLC
("Licensor") located in Knoxville, Tennessee owns
and operates CHROMA-GRAPHICS.COM as an online representation
of Chroma™ ("Licensee")
located in Maryville, Tenessee and maintains complete ownership
of this Internet product. Licensee has limited rights to use
CHROMA-GRAPHICS.COM for Web-based
marketing. Licensor may revise these Terms
and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions,
because they are binding on you.
Section 1. Use of Material.
The Licensor and Licensee authorize you to view
and download a single copy of the material on CHROMA-GRAPHICS.COM
solely for your personal, noncommercial use as a benefit of being
a customer of Chroma™. Special rules may
apply to the use of certain software and other items provided
on CHROMA-GRAPHICS.COM. Any such special rules are listed as
Legal Notices on CHROMA-GRAPHICS.COM and are incorporated into
this Agreement by reference. Licensor and Licensee do not make
any warranty or guarantee whatsoever to the accuracy of any certificates
received due to this service.
The contents of CHROMA-GRAPHICS.COM,
such as text, graphics, images and other material ("Material"),
are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright and
other proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell or modify
the Material or reproduce, display, publicly perform, distribute,
or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material on any other website or in a
networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission
to use the Material automatically terminates and you must immediately
destroy any copies you have made of the Material.
Section 2. Licensor's Liability.
The Material may contain inaccuracies or typographical
errors. Licensor makes no representations about the accuracy,
reliability, completeness, or timeliness of the Material or about
the results to be obtained from using the Web Site and the Material.
The use the Web Site and the Material is at your own risk. Changes
are periodically made to the Web Site and may be made at any
time.
LICENSOR AND LICENSEE DO NOT WARRANT THAT THE
WEB SITE WILL OPERATE ERROR-FREE OR THAT CHROMA-GRAPHICS.COM
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS. IF YOUR USE OF CHROMA-GRAPHICS.COM OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LICENSOR
AND LICENSEE ARE NOT RESPONSIBLE FOR THOSE COSTS.
CHROMA-GRAPHICS.COM AND
MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE LICENSOR AND LICENSEE AND SUPPLIERS OF EACH, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. LICENSOR
AND LICENSEE AND SUPPLIERS OF EACH MAKE NO WARRANTIES ABOUT THE
ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL LICENSOR AND LICENSEE, SUPPLIERS
OF EACH, OR ANY THIRD PARTIES MENTIONED AT CHROMA-GRAPHICS.COM
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE CHROMA-GRAPHICS.COM AND THE
MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT EITHER THE LICENSOR AND LICENSEE
OR BOTH ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post
to CHROMA-GRAPHICS.COM is considered to be non-confidential.
If particular Web pages permit the submission of communications
which will be treated by Licensor and Licensee as confidential,
that fact will be stated in Legal Notices on those pages. By
posting communications to CHROMA-GRAPHICS.COM, you automatically
grant Licensor a royalty-free, perpetual, irrevocable nonexclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as
part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicensees.
As a User, you are responsible for your own communications
and are responsible for the consequences of their posting. You
must not do the following things: Post material that is copyrighted,
unless you are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner;
post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another User or any other
person or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid schemes;
or impersonate another person.
The Licensor and Licensee do not represent or
guarantee the truthfulness, accuracy, or reliability of any of
communications posted by other Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
Licensor and Licensee do not screen communications
in advance and is not responsible for screening or monitoring
material posted by Users. If notified by a User of communications
which allegedly do not conform to this Agreement, Licensor and
Licensee may investigate the allegation and determine in good
faith and at their sole discretion whether to remove or request
the removal of the communication. Licensor and Licensee have
no liability or responsibility to Users for performance or nonperformance
of such activities. Licensor and Licensee reserve the right to
expel Users and prevent their further access to the CHROMA-GRAPHICS.COM
for violating this Agreement or the law and the right to remove
communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
CHROMA-GRAPHICS.COM may contain links to third
party websites. These links are provided solely as a convenience
to you and not as an endorsement by Licensor nor Licensee of
the contents on such third-party websites. Licensor and Licensee
are not responsible for the content of linked third-party sites
and do not make any representations regarding the content or
accuracy of materials on such third party Web sites. If you decide
to access linked third-party websites, you do so at your own
risk.
Section 6. Software Licenses.
Any and All software that is made
available for downloading from the CHROMA-GRAPHICS.COM
is protected by copyright and may be protected by other rights.
The use of such software is governed by the terms of the software
license agreement or designated Legal Notice accompanying such
software ("License Agreement"). The downloading and
use of such software is conditioned on your agreement to be
bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software
License or Legal Notice, the aggregate liability for Licensor
and/or Licensee to you for all claims arising from the use of
the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold
harmless the Licensor and Licensee, the officers, directors,
employees and agents of each of the proceeding,
from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Material or your breach of the
terms of this Agreement. The Licensor and/or Licensee shall
provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products
and information. You agree to comply with such restrictions and
not to export or re-export the Materials to countries or persons
prohibited under the export control laws. By downloading the
Materials, you are agreeing
that you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited.
You are responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of the
Product.
Section 10. User Information.
The Licensor and Licensee may use the information
it obtains relating to you, including your IP address, name,
mailing address, email address and use of the CHROMA-GRAPHICS.COM,
for internal business and marketing purposes and may disclose
the information to third parties for such purposes.
Section 11. General.
CHROMA-GRAPHICS.COM is based in Knoxville,
Tennessee. The Licensor and Licensee make no claims the Materials
are appropriate or may be downloaded outside of the United States.
Access to the Materials may not be legal
by certain persons or in certain countries. If you access CHROMA-GRAPHICS.COM
from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by the internal substantive laws of
the State of Tennessee, without respect to its conflict of laws
principles. If any provision of this Agreement is found to be
invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular Legal
Notice or Software License or
material on particular Web pages, this Agreement constitutes
the entire Agreement between you and the Licensor with respect
to the use of Web Site. Any changes to this Agreement must be
made in writing, signed by an authorized representative of the
Licensor and Licensee.
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