WE SERVICE AGREEMENT/TERMS OF
USE
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1. ACCEPTANCE OF TERMS The service that [NUVISION GRAPHX] provides to User is subject to the following Terms of Use ("TOU"). [NUVISION GRAPHX] reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. A. This Agreement, which incorporates by reference other provisions applicable to use of [www.nuvisiongraphx.com], including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in [www.nuvisiongraphx.com], sets forth the terms and conditions that apply to use of [www.nuvisiongraphx.com] by User. By using [NUVISION GRAPHX] (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use [www.nuvisiongraphx.com] is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. B. [NUVISION GRAPHX] shall have the right at any time to change or discontinue any aspect or feature of [www.nuvisiongraphx.com], including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. USER CONDUCT A. User shall use [NUVISION GRAPHX] for lawful
purposes only. User shall not post or transmit through [NUVISION GRAPHX]
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
[NUVISION GRAPHX] 's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User
that in [NUVISION GRAPHX]. B. [www.nuvisiongraphx.com] Contains copyrighted
material, trademarks and other proprietary information, including, but not
limited to, text, graphics, content, selection, arrangement, software, photos,
video, graphics, music and sound, and the entire contents of [www.nuvisiongraphx.com]
are copyrighted as a collective work under the [CANADA] copyright laws.
[NUVISION GRAPHX] owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it.
User 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. 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 [NUVISION GRAPHX] 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. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material. Any use of the information or
materials in this site is strictly prohibited. C. User shall not upload, post or otherwise make available on [www.nuvisiongraphx.com] 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 User. User 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 [www.nuvisiongraphx.com], User automatically grants, or warrants that the owner of such material has expressly granted [NUVISION GRAPHX] 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. Users also permit any other User to access, view, and store or reproduce the material for that User's personal use. User hereby grants [NUVISION GRAPHX] the rights to edit, copy, publish and distribute any material made available on [www.nuvisiongraphx.com] by User. 3. MEMBER ACCOUNT, PASSWORD, AND SECURITY If any of the Services requires User to open an account, User must complete the registration process by providing [NUVISION GRAPHX] with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User'S password and account. Furthermore, User is entirely responsible for any and all activities that occur under User'S account. User agrees to notify [NUVISION GRAPHX] immediately of any unauthorized use of User'S account or any other breach of security. [NUVISION GRAPHX] will not be liable for any loss that User may incur as a result of someone else using User'S password or account, either with or without User'S knowledge. However, User could be held liable for losses incurred by [NUVISION GRAPHX] or another party due to someone else using User'S account or password. User may not use anyone else's account at any time, without the permission of the account holder. 4. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL [NUVISION GRAPHX] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. 5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY A. USER EXPRESSLY AGREES THAT USE OF [www.nuvisiongraphx.com] IS AT USER'S SOLE RISK. NEITHER [NUVISION GRAPHX], ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT [www.nuvisiongraphx.com] WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF [www.nuvisiongraphx.com], OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS [WEBSITE]. B. [www.nuvisiongraphx.com] IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT [NUVISION GRAPHX] IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCTS OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. D. IN NO EVENT WILL [NUVISION GRAPHX], OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING [www.nuvisiongraphx.com] OR THE [NUVISION GRAPHX] SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE [www.nuvisiongraphx.com]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, [NUVISION GRAPHX], NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN [www.nuvisiongraph.com], OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. [NUVISION GRAPHX], IT'S AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, [NUVISION GRAPHX], NOR IT'S AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. G. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT. 6. LINKS TO THIRD PARTY SITES THE LINKS IN THIS AREA WILL LET YOU LEAVE [NUVISION GRAPHX]'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF [NUVISION GRAPHX] AND [NUVISION GRAPHX] IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. [NUVISION GRAPHX] IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. [NUVISION GRAPHX] IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY [NUVISION GRAPHX] OF THE SITE. [NUVISION GRAPHX] is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, [NUVISION GRAPHX] 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, Users or any other user of [www.nuvisiongraphx.com], are those of the respective author(s) or distributor(s) and not of [NUVISION GRAPHX]. Neither [NUVISION GRAPHX] 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 [www.nuvisiongraphx.com] represents the opinions and judgments of the respective information provider, User, or other user not under contract with [NUVISION GRAPHX]. [NUVISION GRAPHX] neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on [www.nuvisiongraphx.com] by anyone other than authorized [NUVISION GRAPHX] employee spokespersons while acting in their official capacities. Under no circumstances will [NUVISION GRAPHX] be liable for any loss or damage caused by a User's reliance on information obtained through www.nuvisiongraphx.com]. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through [NUVISION GRAPHX]. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. LINKS TO OTHER WEBSITES As a convenience and to make the NUVISION GRAPHX Website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. NUVISION GRAPHX makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the NUVISION GRAPHX Website is not an indication that NUVISION GRAPHX endorses the third party or its site, or has any affiliation with or between NUVISION GRAPHX and the third party hosting site. 7. UNSOLICITED IDEA SUBMISSION POLICY [NUVISION GRAPHX] OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [NUVISION GRAPHX]'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO [NUVISION GRAPHX]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO [NUVISION GRAPHX] OR ANYONE AT [NUVISION GRAPHX]. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT [NUVISION GRAPHX] MAKES NO ASSURANCES THAT YOU'RE IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. 8. MONITORING [NUVISION GRAPHX] shall have the right, but not the obligation, to monitor the content of [www.nuvisiongraphx.com], including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by [NUVISION GRAPHX] and to satisfy any law, regulation or authorized government request. [NUVISION GRAPHX] shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on [www.nuvisiongraphx.com]. Without limiting the foregoing, [NUVISION GRAPHX] shall have the right to remove any material that [NUVISION GRAPHX], in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.9. INDEMNIFICATION User agrees to defend, indemnify and hold harmless [NUVISION GRAPHX], its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of [NUVISION GRAPHX] by User or User's Account.10. TERMINATION Either [NUVISION GRAPHX] or User may terminate this Agreement at any time. Without limiting the foregoing, NUVISION GRAPHX] shall have the right to immediately terminate User's Account in the event of any conduct by User which [NUVISION GRAPHX], in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.11. MISCELLANEOUS This Agreement and any operating rules for [www.nuvisiongraphx.com] established by [NUVISION GRAPHX] 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 construed in accordance with the laws of [ONTARIO, CANADA], without regard to its conflict of laws rules. 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.12. COPYRIGHT NOTICE [NUVISION GRAPHX] its logos are trademarks of NUVISION GRAPHX]. All rights reserved. All other trademarks appearing on [NUVISION GRAPHX] are the property of their respective owners.13. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.Any rights not expressly granted herein are reserved. |