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Legal Notice,
Disclaimer, and Terms of Use
ICON Creative Technologies Group ("ICON")
Use of this Website
is subject to the following terms and conditions.
Your use of the website constitutes acceptance of
these terms and conditions.
I. Interpretations
Definitions:
In this Agreement:
"Content" includes, but is not limited to,
all text, photographs, software, animation files,
graphics, video and audio files and anything else
contained in this Website.
"User" includes, but is not limited to,
any person who accesses this Website by any means
whatsoever, including, but not limited to, legal,
illegal, authorized and unauthorized means.
Invalidity:
If, for any reason whatsoever, any term of
this Agreement is deemed by a court to be void, voidable
or otherwise unenforceable, such term shall be deemed
to be severable from the remainder of the Agreement,
and the remainder of the Agreement shall be construed
and interpreted without reference to the unenforceable
term.
Assignment:
ICON may assign its rights or obligations
under this Agreement at any time without notice to
Users.
Termination:
Either ICON or the User may terminate this
Agreement at any time, either with or without cause.
The User may terminate this Agreement by ceasing to
use this Website. The following clauses of this Agreement
will survive any termination by either party: II,
III, IV, V, VI and VII.
II. Copyright and trademarks
Ownership:
The Content of this Website is owned by ICON
or is made available by permission of the owner and
is protected by domestic and international copyright
laws. The trademarks are owned by ICON.
and
Rights:
The use of this Website grants no interest,
whether proprietary, license, or otherwise, in the
intellectual property rights, or any other rights
which may exist or are hereafter developed in respect
of any portion of the Website or its Content.
License:
Any computer software downloadable or otherwise
available from this Website is licensed subject to
the terms of the applicable license agreement. Although
every effort has been made to ensure that any software
that may be downloaded from this Website is compatible
with as many types of computers as possible, Users
should take care to back up all essential software
before loading any software from this Website.
III. Permitted
secondary uses
The User may freely
download, copy, display, exhibit, share, or otherwise
distribute the Content of this Website for non-commercial
purposes only. However, on any such downloading, copying,
display, exhibition, sharing or distribution, the
User must explicitly acknowledge ICON as the provider
of such Content. ICON reserves the right to require
the User to delete, destroy or otherwise remove any
content that is used in a manner that in ICON's opinion
is contrary or otherwise inappropriate, derogatory
or offensive.
The User agrees that any person to whom the Content
is provided directly or indirectly through the User,
will be advised of the terms of this Agreement, and
that each such person is bound by these terms.
The User may in no way modify, reformulate, adapt,
alter, adjust, change, disassemble, frame or decrypt
any of the Content of this Website.
IV. Third-party submissions
By posting via email
or otherwise any Content, trade secrets, or know-how
to this Website, including electronic mail, the User
grants to ICON a perpetual, non-exclusive, irrevocable,
worldwide, royalty-free right and licence to use,
download, upload, copy, exhibit, display, distribute,
publish, post to any other public forum, perform,
sell, alter, modify, change, sub-license, create derivative
works from and otherwise treat as its own such Content,
trade secrets or know-how in whatever manner ICON
Inc. shall, in its sole discretion, deem appropriate
without any form of recognition, credit, acknowledgement,
reward or compensation whatsoever for the User's contribution
of such Content, trade secrets, or know-how to ICON
Inc. Furthermore, ICON, its subsidiaries, affiliates,
contractors, agents and/or employees will in no way
be responsible or liable for damages, whether they
be direct, indirect, consequential, incidental, special,
punitive, exemplary or general damages, contribution
or indemnity of any kind whatsoever, howsoever caused,
resulting from any alterations or additions to its
goods, products, programs, promotions and/or services
which may resemble any Content, trade secrets, or
know-how posted to this Website, including electronic
mail, by any User.
Furthermore, by posting any Content, trade secrets,
or know-how to this Website, including electronic
mail, the User represents and warrants that such Content,
trade secrets, or know-how is his or her own work,
is non-confidential, and its use by ICON in no way
violates the intellectual property or other rights
of any third parties. The duty to ensure non-infringement
of the rights of any third parties rests solely with
the User.
The User agrees to indemnify, contribute to, and hold
harmless ICON, its subsidiaries, affiliates, contractors,
agents and/or employees against any liability, be
it civil, criminal, or quasi-criminal, resulting from
the use, transfer or sub-license by ICON of any Content,
trade secrets or know-how provided to ICON by the
User.
This indemnification shall extend and apply to any
payment or other agreement made by ICON, its subsidiaries,
affiliates, contractors, agents and/or employees in
settlement and/or satisfaction of any such claim or
potential claim, whether such settlement and/or satisfaction
is either full or partial, and whether the payment
or other agreement is made or concluded either prior
to or following the institution of proceedings against
ICON, its subsidiaries, affiliates, contractors, agents
and/or employees. As part of this indemnification,
the User agrees to co-operate with all reasonable
requests made by ICON, its subsidiaries, affiliates,
contractors, agents and/or employees.
V. Choice of law
Any dispute arising
out of the use of this Website, the Content or availability
thereof, the construction or interpretation of this
Agreement, or anything related or similar thereto
is governed by the laws of the state of Michigan,
USA, without any reference to conflicts of laws rules
or principles.
Any dispute arising out of the use of this Website,
the Content or availability thereof, the construction
or interpretation of this Agreement, or anything related
or similar thereto is only to be decided by a court
of competent jurisdiction sitting within the legal
boundaries of the state of Michigan, USA.
VI. Rights to control site
The Content of this
Website is subject to change, restriction or termination
without any notice to Users.
VII. Limitations of liability
This site is designed
to provide knowledge for informational purposes only.
The information is taken from sources believed to
be reliable, and the information is believed to be
accurate at the time it is posted to the Website.
However, there is no way to ensure that the information
is accurate at any moment in time.
There are certain links on this Website which will
lead the User to other sites on the World Wide Web.
These links are provided for convenience only, and
a link to any other Website should not be taken to
imply any endorsement of any other Website by ICON,
its subsidiaries, affiliates, contractors, agents
and/or employees.
ICON, its subsidiaries, affiliates, contractors, agents
and/or employees are in no way responsible or liable
for any damages whether they be direct, indirect,
consequential, incidental, special, punitive, exemplary
or general damages, contribution or indemnity, of
any kind whatsoever, howsoever caused, (including,
but not limited to, breach of contract, loss of profit,
business interruption, loss of business data or information,
negligence or other tortious behaviour, deletion,
error, defect, omission, or destruction of the Content
of the Website, unauthorized access to, or alteration
of, the Content of this Website by third parties,
or employees, or agents of ICON, transmission of material,
or any other cause of action, regardless of whether
it arises at law or in equity) arising out of the
use or non-availability of this Website, or reliance
on the Content contained herein, resulting from any
decision taken on the basis of information provided
through the Website, resulting from the Content of
other websites to which any User links through this
Website, or resulting from any such change, restriction,
or termination of this Website or resulting from the
incompatibility of any software downloaded, copied,
or otherwise originating from this Website.
This limitation of liability shall apply even if ICON,
its subsidiaries, affiliates, contractors, agents
and/or employees have been advised of the possibility
of the damages referred in this notice.
This Website is provided "as is". ICON,
its subsidiaries, affiliates, contractors, agents
and/or employees do not warrant that the use of this
Website will be uninterrupted, error-free, stable
or suitable for all Users. ICON, its subsidiaries,
affiliates, contractors, agents and/or employees make
no warranties, either express or implied, about the
Website, its availability, or its operation Without
limiting the generality of the foregoing, this includes
implied warranties of merchantability, fitness for
a particular purpose, expectation of privacy, or non-infringement.
Any User who accesses this Website does so solely
at his or her own risk.
The User agrees to indemnify, contribute to and hold
harmless ICON, its subsidiaries, affiliates, contractors,
agents, and/or employees, against any liability, be
it civil, criminal or quasi-criminal, resulting from
any violation of any law by the User in their use
of this Website. The User shall be responsible to
the full extent of any liability, payment or other
agreement made by ICON, its subsidiaries, affiliates,
contractors, agents and/or employees, in settlement
and/or satisfaction of any claim or potential claim,
whether such payment or agreement is made or concluded
prior to or following the institution of formal proceedings
against ICON, its subsidiaries, affiliates, contractors,
agents and/or employees.
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