THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF ellusionist®.COM (“ellusionist®”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software and services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by ellusionist®.
ellusionist® grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the ellusionist® copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media)and; (3) the ability to download and use certain Materials is subject to additional terms and restrictions. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Third Party Content
Certain information and content may be provided by third parties to ellusionist® (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner. ellusionist® DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of ellusionist® or its licensors, respectively.
Links to Third Party Sites
Restricted Areas of the Site
Certain areas of the Site may be password restricted to authorized users or require you to provide personal information (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify ellusionist® if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify ellusionist® of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that your Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold ellusionist® entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by ellusionist® in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your Submissions) violates any applicable law or regulation, or the rights of any third party. Knowingly taking advantage of any loophole in site programming or configuration which results in unreasonable loss for Ellusionist will also be cause for account termination and suspension.
ellusionist® and ellusionist®.com, LLC are trademarks of ellusionist® in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this site including documents, products, software and services, graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of ellusionist®, Copyright © 2001, 2002 ellusionist®, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
ellusionist® respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our website, please provide ellusionist®’s copyright agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ellusionist®’s Copyright Agent for notice of claims of copyright infringement on its site is Trevor Deosaran who can be reached as follows:
Attention: Brad Christian
P. O. Box 11623
San Rafael, CA 94901
By phone (US & Canada Toll Free): 1-866-244-2426
By phone (International): 1-415-459-4945
By email: firstname.lastname@example.org
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by ellusionist®, and agree that ellusionist® does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that ellusionist® has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by ellusionist® or its licensors.
ellusionist®, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ellusionist® SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE OR IN RELATION TO YOUR SUBMISSIONS. IN NO EVENT SHALL ellusionist® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ellusionist® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws; Export Control
ellusionist® controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
You acknowledge and agree that the Materials and the Third Party Content are subject to the U.S. Export Administration Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to U.S. law is prohibited. You agree that none of the Materials or and the Third Party Content, nor any product or services acquired through the use of the Site, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government for such purposes. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
ellusionist® does not monitor your data or transmissions, yet, ellusionist® does actively monitor overall site usage for system utilization purposes. You agree, however, that, in ellusionist®’s efforts to promote good citizenship within the Internet community, if ellusionist® becomes aware of inappropriate use of the Site or any ellusionist® service, ellusionist® may respond, which may include account suspension or termination. You acknowledge that ellusionist® will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, ellusionist® will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, ellusionist® reserves the right to terminate your access to the site without notice. ellusionist®’s preferred course of action, where practicable, is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that ellusionist® and its licensors may make improvements and/or changes in the Materials or other items described in or offered on this Site, if any, at any time without notice, and further agree that ellusionist® can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been posted constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ellusionist® to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ellusionist® in writing. The Terms comprises the entire agreement between you and ellusionist® and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.