| |
InstantOnlineStore,
Inc. provides you access to this Web
site containing information, software,
and publications on the terms and conditions
outlined below. By using this site, you
are agreeing to these terms and conditions.
InstantOnlineStore, Inc reserves the right
to change these terms and conditions
from time to time in its sole discretion.
This document contains:
Copyright Information
Trademark Information
Web Site Usage Disclaimer
Digital Image License Agreement
Privacy Statement
Copyright Information
The information on this Web site is
protected by law, including copyright
law.
COPYRIGHT NOTICE: Copyright (c) 1999-2002
InstantOnlineStore , Inc, 5312 MacCorkle
Ave. Suite 402 SW South Charleston,
WV 25309. All Rights Reserved.
Web site publications Except as expressly
prohibited on this Web site, you
are permitted to view, copy, print,
and distribute documents within this
Web site (such as FAQs, datasheets,
and so on), subject to your agreement
that:
Your use of the information is for
informational, personal, and noncommercial
purposes only.
•
You will not modify the documents
or graphics.
•
You will not copy or distribute graphics
separate from their accompanying
text and you will not quote materials
out of their context.
•
You will display the above copyright
notice and the below trademark notice
on all documents or portions of documents
and retain any other copyright and
other proprietary notices on every
copy you make.
•
You agree that InstantOnlineStore, Inc
may revoke this permission at any
time and you shall immediately stop
your activities related to this permission
upon notice from InstantOnlineStore, Inc
•
The permission above does not include
permission to copy the design elements,
look and feel, or layout of this
Web site. Those elements of the Web
site are protected by law, such as
trade dress, trademark, unfair competition,
and other laws, and may not be copied
or imitated in any manner.
•
Software
The software that is made available
to you via download is the copyright
work of InstantOnlineStore, Inc and/or
InstantOnlineStore, Inc's suppliers.
•
Referential trademark usage
You may use a InstantOnlineStore, Inc
trademark or product name to refer
specifically to such InstantOnlineStore,
Inc product in marketing and promotional
materials, books, conferences, applications,
demonstrations, and so on. You are
permitted to use a InstantOnlineStore,
Inc trademark referentially provided
that:
•
You adhere to these InstantOnlineStore,
Inc Trademark Usage Guidelines.
•
You do not disparage InstantOnlineStore,
Inc or InstantOnlineStore, Inc products
and services.
•
You display your name or logo more
prominently than any InstantOnlineStore,
Inc trademark.
•
You include a disclaimer that InstantOnlineStore,
Inc does not sponsor, affiliate,
or endorse your product, and/or services.
General trademark usage guidelines
Use appropriate markings. Always designate
the trademark with the appropriate
(tm) or (r) symbol. Also, the first
usage or most prominent usage of
a InstantOnlineStore, Inc product name
must be used in conjunction with
the InstantOnlineStore, Inc(r) trademark
and in the same type size, font,
color and line.
Incorrect:
The flexibility of InstantOnlineStore's
presentations are great.
Correct:
The flexibility of InstantOnlineStore(tm)
presentations(tm) are great.
•
Do not use any InstantOnlineStore, Inc trademark
as your trademark, service mark, trade
name, domain name, product name, or
logo. InstantOnlineStore, Inc trademarks
identify the goods and services of
InstantOnlineStore, Inc, Inc. No third-party
may use any InstantOnlineStore, Inc trademark
as their trademark, service mark, trade
name, domain name, product name, or
logo. You must have your own distinct
trademark, service mark, trade name,
domain name, product name, or logo
that does not include any InstantOnlineStore,
Inc trademarks. Also, you may not use
a variation, combination, or abbreviation
of an InstantOnlineStore, Inc trademark.
•
Attribute ownership of InstantOnlineStore,
Inc trademarks to InstantOnlineStore, Inc.
When you refer to InstantOnlineStore, Inc
trademark, please include the following
notice of trademark attribution where
appropriate, such as on your product,
printed materials, and online.
•
Specific trademark usage guidelines
LOGOS
You may not use any InstantOnlineStore,
Inc logos (including buttons and
graphic symbols) without a trademark
license from InstantOnlineStore, Inc.
All usage of trademark logos shall
be pursuant to these guidelines and
any other guidelines associated with
that logo.
MERCHANDISE ITEMS
You may not manufacture, sell, or give
away merchandise items, such as T-shirts
and mugs, bearing InstantOnlineStore,
Inc trademarks or logos, except pursuant
to an express written trademark license
from InstantOnlineStore, Inc.
SLOGANS AND TAGLINES
You may not use or imitate an InstantOnlineStore,
Inc slogan or tagline.
This list is posted solely for your
convenience InstantOnlineStore, Inc, does
not waive any rights to InstantOnlineStore,
Inc trademark, service mark, trade
name, product name, or logo that does
not appear on this list. The symbols
below denote status of the trademark
in the United States only
(r)
InstantOnlineStores.com
InstantEsites. com
Host-manager.com
Should you, or any viewer of this
information, Web site, or publications
respond with information, feedback,
data, questions, comments, suggestions,
or the like, any such response shall
be deemed not to be confidential InstantOnlineStore,
Inc shall be free to reproduce, use,
disclose, and distribute the response
to others, without limitation. You
agree that InstantOnlineStore, Inc
shall be free to use any ideas, concepts
or techniques contained in your response
for any purpose whatsoever including,
but not limited to, developing, manufacturing,
and marketing products incorporating
such ideas, concepts, or techniques.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE
IN AN AGREEMENT BETWEEN YOU AND , INC,
NEITHER , INC NOR ANY THIRD PARTY HAS
CONFERRED UPON YOU BY IMPLICATION,
ESTOPPEL OR OTHERWISE, ANY LICENSE
OR RIGHT UNDER ANY PATENT, TRADEMARK,
OR COPYRIGHT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE
IN AN AGREEMENT BETWEEN YOU AND , INC,
ALL INFORMATION, SOFTWARE, THE WEB
SITE, AND PUBLICATIONS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND
AND InstantOnlineStore, INC HEREBY DISCLAIMS
ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, InstantOnlineStore, INC DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT. IN NO EVENT
WILL , INC BE LIABLE FOR ANY SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING
FROM THE LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION FOR BREACH OF
CONTRACT OR WARRANTY OR TORT (INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THE INFORMATION, SOFTWARE, THE
WEB SITE, OR THE PUBLICATIONS.
YOU ASSUME ALL RISKS CONCERNING THE
SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEB SITE AND PUBLICATIONS.
THE WEB SITE AND PUBLICATIONS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. InstantOnlineStore, INC ASSUMES
NO RESPONSIBILITY FOR AND DISCLAIMS
ALL LIABILITY FOR ANY SUCH INACCURACIES,
ERRORS, OR OMISSIONS IN THE WEB SITE
AND PUBLICATIONS AND IN ANY OTHER REFERENCED
OR LINKED DOCUMENTS.
InstantOnlineStore, INC MAY MAKE CHANGES
TO THE INFORMATION, SOFTWARE, WEB SITE,
PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS,
AND PRODUCT OFFERINGS AT ANY TIME AND
WITHOUT NOTICE.
THE WEB SITE AND PUBLICATIONS ARE DISTRIBUTED
INTERNATIONALLY AND MAY CONTAIN REFERENCES
TO , INC PRODUCTS, PROGRAMS, AND SERVICES
THAT HAVE NOT BEEN ANNOUNCED IN YOUR
COUNTRY. THESE REFERENCES DO NOT IMPLY
THAT InstantOnlineStore, INC INTENDS TO
ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR
SERVICES IN YOUR COUNTRY.
THE WEB SITE CONTAINS LINKS TO THE
THIRD-PARTY SITES WHICH ARE NOT UNDER
THE CONTROL OF InstantOnlineStore, INC AND
, INC IS NOT RESPONSIBLE FOR THE CONTENT
ON ANY LINKED SITED. IF YOU ACCESS
A THIRD-PARTY SITE FROM THIS WEB SITE,
THEN YOU DO SO AT YOUR OWN RISK. InstantOnlineStore,
INC PROVIDES THESE LINKS ONLY AS A
CONVENIENCE AND THE INCLUSION OF THE
LINK DOES NOT IMPLY THAT , INC ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR THE
CONTENT ON THOSE THIRD-PARTY SITES.
DIGITAL IMAGE LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY THE TERMS
AND CONDITIONS OF THE IMAGE LICENSE
AGREEMENT (THIS "LICENSE")
BEFORE DOWNLOADING ANY IMAGE(S).
BY ACCEPTING THIS AGREEMENT:
YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS SET OUT IN THIS
LICENSE;
YOU AGREE TO BE RESPONSIBLE FOR ANY
AND ALL INTERNET SERVICE PROVIDER FEES,
TELECOMMUNICATION AND OTHER CHARGES
THAT MAY APPLY AS A RESULT OF YOUR
DOWNLOAD OF THE IMAGE (S); and IF YOU
ARE ACCEPTING ON BEHALF OF A COMPANY,
YOU REPRESENT AND WARRANT TO THE LICENSOR
THAT YOU HAVE FULL AUTHORITY TO BIND
SUCH COMPANY.
ATTENTION: THIS IS A LICENSE, NOT A
SALE. THE PRODUCT IS PROVIDED UNDER
THE FOLLOWING LICENSE, WHICH DEFINES
WHAT YOU MAY DO WITH THIS PRODUCT,
AND CONTAINS LIMITATIONS ON WARRANTIES
AND/OR REMEDIES.
LICENSE A.
LICENSE: InstantOnlineStore Inc. ("ios")
grants you a non-exclusive, non-transferable
license to use, reproduce, modify,
publish, display and distribute the
digitized image(s) (the "Image(s)")
in accordance with the terms of this
license (this "License").
For the purposes of this License "you" means
an individual or a legal entity exercising
rights under, and complying with all
of the terms of, this License.
B. PROPRIETARY RIGHTS. The copyright
and all other rights in the Image(s)
shall remain with ios and/or our supplier
Index Stock Imagery, Inc. Both ios
and Index Stock Imagery shall be entitled
to enforce any breach by you of this
Digital Image License Agreement.
C. YOU MAY, subject to any restrictions
set out below: Incorporate any Image(s)
into your iPresentation created with
ios's software. You may not, however,
resell, sublicense or otherwise make
available the Image(s) for use or distribution
separately or detached from such presentation.
For example, the Image(s) may be used
as part of a presentation design, but
may not be made available for downloading
separately or in a format designed
or intended for permanent storage or
reuse by others. Make one (1) copy
of the Image(s) for backup or archival
purposes.
D. YOU MAY NOT: Create scandalous,
obscene, defamatory or immoral works
using the Image(s) nor use the Image(s)
for any other purpose, which is prohibited
by law; Use or permit the use of the
Image(s) or any part thereof as a trademark
or service mark, or claim any proprietary
rights of any sort in the Image(s)
or any part thereof; Use the Image(s)
in electronic format, on-line or in
multimedia applications unless all
of the Image(s) are incorporated for
viewing purposes only and no permission
is given to download and/or save the
Image(s) for any reason other than
the archival purpose listed in the
previous section; Rent, lease, sublicense
or lend the Image(s), or a copy thereof,
to another person or legal entity;
Use any Image(s) except as expressly
permitted by this License.
E. TERM: This License shall continue
for a period of five years from the
time of purchase as long as you are
in compliance with the terms and conditions
of this agreement. This License will
terminate immediately if you fail to
comply with any of its terms or conditions.
You agree, upon termination, to destroy
all copies of the Image(s). The Limitations
of Warranties and Liability set out
below shall continue in force even
after any termination.
F. LIMITATIONS OF WARRANTIES AND LIABILITY:
THE IMAGES ARE PROVIDED AND LICENSED
BY THE LICENSOR ON AN "AS IS" BASIS,
WITHOUT ANY OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, OR THOSE ARISING
BY LAW, STATUTE, USAGE OF TRADE, COURSE
OF DEALING OR OTHERWISE. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE
OF THE IMAGES IS ASSUMED BY YOU. NEITHER
THE LICENSOR NOR ITS DEALERS OR SUPPLIERS
SHALL HAVE ANY LIABILITY TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, EVEN IF
THE LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY
ARE FORESEEABLE. NEITHER THE LICENSOR
NOR ITS SUPPLIERS ARE RESPONSIBLE FOR
CLAIMS BY A THIRD PARTY. THE LIMITATIONS
SET FORTH HEREIN SHALL APPLY WHETHER
OR NOT THE ALLEGED BREACH OR DEFAULT
IS A BREACH OF A FUNDAMENTAL CONDITION
OR TERM OR A FUNDAMENTAL BREACH. SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
G. GENERAL: This License is the entire
agreement between you and ios with
respect to the Image(s), superseding
any other agreement or discussions,
oral or written, and may not be changed
except by a signed agreement. This
License shall be governed by and construed
in accordance with the laws of the
State of New York. You hereby consent
to the exclusive jurisdiction of the
courts of such State. If any provision
of this License is declared by a court
of competent jurisdiction to be invalid,
illegal, or unenforceable, such a provision
shall be severed from the License and
the other provisions shall remain in
full force and effect.
|