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The Gnomon Workshop: Terms of Use
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LEGAL INFORMATION AND USES
These Terms and Conditions of Use (the “Terms of Use”) apply to The
Gnomon Workshop web site located at www.thegnomonworkshop.com, and all associated sites
linked to www.thegnomonworkshop.com by The Gnomon Workshop, Inc., a California corporation,
and its subsidiaries and affiliates, if any (collectively, the “Site”).
The Site is the property of The Gnomon Workshop, Inc., a California corporation
(“Gnomon”) and its licensors, if any.
BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING ANY SERVICES, DOWNLOADING
OR PURCHASING MATERIALS, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUNDED
TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.
Gnomon reserves the right, at its sole discretion, to change, modify, add or
remove portions of the Terms of Use, at any time. Your access and use of the
Site, Services or Materials (defined hereinbelow), will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site
at the time of such use. Please regularly check the "Terms of Use" link
on the home page of www.thegnomonworkshop.com to view the then-current terms. If you
breach any of the Terms of Use, your authorization to access or use this Site,
Services or Materials, automatically terminates, and any Materials downloaded
or printed from the Site in violation of the Terms of Use must be immediately
destroyed.
As long as you comply with these Terms of Use, Gnomon grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Except as expressly provided in these Terms of Use, no part of the Site may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”)
to any other computer, server, web site or other medium for publication or distribution
or for any commercial enterprise, without Gnomon’s express prior written
consent.
THE SITE
Gnomon makes this web site with links to the Terms of Use, Materials, and Services
available for your access and use subject to the Terms of Use.
"
Materials" means all information, text, graphics, user interfaces, visual
interfaces, photographs, names, images, trademarks, logos, sounds, music, artwork
and computer codes, data, tutorials, communications, downloads, files, photographs,
graphics, videos, webcasts, publications, content, tools, resources, software,
code, programs and products made available or enabled via the Site by Gnomon
or users of this Site, including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such
Materials.
"
Services" means all services and resources offered or enabled via the Site
by Gnomon and users of this Site, including without limitation, download areas,
developer tools services, product and other information services and communications
services such as “post comment” areas, bulletin boards, calendars,
chat areas, communities, e-mail, forums (including lab and user to user forums),
newsgroups, personal webpages, photo albums and other message or communication
facilities designed to enable you to communicate with others (collectively, “Communication
Venues”).
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS;
The Site, Materials, and Services, as well as their selection and arrangement,
are all owned and controlled by Gnomon, or licensed by third parties to Gnomon,
and are protected by copyrights, trademarks, patents, trade secrets and all other
intellectual property, unfair competition, and proprietary rights (collectively, "Intellectual
Property Rights"), and any unauthorized use of the Materials or Services
may violate such laws and the Terms of Use.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create
derivative works based on, rent, lease, loan, sell, assign, distribute, display,
perform, license, sublicense or reverse engineer the Site, Materials or Services,
any portions of the Site, Materials or Services or the selection and arrangement
of the Site, Materials or Services, except as expressly authorized herein. In
addition, you agree not to use any data mining, robots or similar data gathering
and extraction methods in connection with the Site, Services or Materials.
USE OF SITE
You must adhere to all limitations on dissemination, usage and reproduction of
any Services of Materials that you download from the Site that are subject to
such limitations. You agree to use the Services only to access, download, utilize,
post, send or receive Materials in an appropriate manner as related to the particular
Materials or Services being accessed or used by you. As some examples of improper
activities when accessing or using the Site, Services or Materials, you agree
that you shall not:
1) Collect, harvest, mine or engage in any other activity to obtain e-mail addresses,
phone numbers, personal information or any other information about others.
2) Use or attempt to gain access to or use another's account, password, Service,
Materials or computer systems or networks connected to any Gnomon server or to
the Site without authorization from Gnomon, whether through hacking, password
mining or any other means.
3) Remove or falsely add to any uploaded Materials any copyright, trademark or
other legal or proprietary rights notices, author attributions or other information
such as origin or source of the Materials.
4) Access or attempt to access any Materials that you are not authorized to access
or Materials through any means not intentionally made available through the Site
or Services.
5) Make available any files containing Materials where you do not own or control,
or have not received the necessary licenses to, all Intellectual Property Rights,
rights of privacy and publicity and all other rights in and to such Materials.
6) Use any Materials in any manner that infringes any Intellectual Property Rights
or other rights of any party.
7) Disrupt or interfere with the security of, or otherwise cause harm to, the
Site, or any Services, Materials, systems resources, accounts, passwords, servers
or networks connected to or accessible through the Site or any affiliated or
linked sites.
8) Post or otherwise submit any software, programs or files that are harmful
or disruptive of another’s equipment, software or other property, including
any corrupted files, time bombs, Trojan horses, viruses and worms.
9) Create a false identity for the purpose of misleading others.
10) Download any Materials posted by another that you know, or reasonably should
know, cannot be legally reproduced, distributed, performed or displayed in such
manner.
11) Disrupt, interfere or inhibit any other user from using and enjoying the
Site or other affiliated or linked sites, Materials or Services.
12) Breach any guidelines or other codes of conduct applicable to a particular
Service or Materials.
13) Access or use the Site in any manner that could damage, disable, overburden
or impair any Gnomon server or the network(s) connected to any Gnomon server.
14) Violate any applicable laws or regulations related to the access to or use
of the Site, or engage in any activity prohibited by the Terms of Use.
15) Post or otherwise submit any topic, name, material or information that is
child pornography, defamatory, excessively violent, harassing, inappropriate,
indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
objectionable.
16) Prepare, compile, use, download or otherwise copy any Site user directory
or other user or usage information or any portion thereof, or transmit, provide
or otherwise distribute (whether or not for a fee) such directory or information
to any third party.
17) Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming,
surveys or any other duplicative or unsolicited messages (commercial or otherwise).
18) Violate the rights of Gnomon or any third party (including rights of privacy
and publicity) or abuse, defame, harass, stalk or threaten another.
19) Use any Gnomon domain name as a pseudonymous return e-mail address.
20) Market any goods or services for any business purpose (including advertising
and making offers to buy or sell goods or services), unless specifically allowed
to do so by Gnomon.
YOU ALSO AGREE TO THE FOLLOWING
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site, Material, or Services, or in any way reproduce or circumvent the navigational
structure or presentation of the Site, Materials, or Services, to obtain or attempt
to obtain any materials, documents or information through any means not purposely
made available through the Site. Gnomon reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to any Gnomon
server, or to any of the services offered on or through the Site, by hacking,
password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up, trace
or seek to trace any information on any other user of or visitor to the Site,
or any licensor of Gnomon, or any consumer/customer of products of Gnomon, including
any Gnomon account not owned by you, to its source, or exploit the Site or any
service or information made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as
provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or Gnomon’s systems or networks,
or any systems or networks connected to the Site or to Gnomon.
You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to Gnomon on or through the
Site, Services, or Materials offered on or through the Site. You may not pretend
that you are, or that you represent, someone else, or impersonate any other individual
or entity.
You may not use the Site, Services, or Materials for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Gnomon or others.
When using Services or Materials, you will be subject to any posted guidelines,
rules or licenses applicable to such Services or Materials, if any, in addition
to the Terms of Use. Materials and Services provided by third parties (collectively,
the "Third-Party Services") are governed by separate agreements accompanying
such Materials and Services.
Gnomon offers no guarantees and assumes no responsibility or liability of any
type with respect to the Third-Party Services, including any liability resulting
from incompatibility between a Third-Party Service, the Materials, Services or
another Third-Party Service. You agree that you will not hold Gnomon responsible
or liable with respect to the Third-Party Services.
Gnomon, in its sole discretion, may (but has no obligation to) monitor or review
the Materials and Services at any time. Gnomon may at any time without notice
and in its sole discretion: (a) terminate a Service, access to or use of any
Materials or an area of the Site where Materials are posted or submitted; and
(b) disclose any information related to your use of a Service or Material, or
the substance of any of your posted or submitted Materials, as Gnomon deems necessary
to comply with applicable law, regulation, legal process or governmental request.
You agree to use extra care when disclosing any personally identifiable information
about yourself or your children in any Services or when you post or otherwise
submit any Materials.
If you are required to establish an account in connection with a particular Service
or Material, you must complete the designated registration process for such Service
or Material. All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If required,
you must also choose a user name and password for such account. It is your sole
responsibility to keep your account number, user name, password and other sensitive
information confidential. If you become aware of any unauthorized use of your
account or any other breach of security, you shall notify Gnomon immediately.
If any Services or Materials provide password-restricted access to your sensitive
information (including customer lists and contractual terms), then by accessing
or using this Site and setting up a password-restricted account for such Services
or Materials, you consent to Gnomon's display of such information via such Services
or Materials and accept all risks of unauthorized access to such information.
USE OF MATERIALS
Except as indicated to the contrary elsewhere on this Site, you may view, download,
and print the Materials available on this Site subject to the following conditions:
The Materials may be accessed and used solely for personal, informational,
non-commercial and internal purposes.
1) The Materials may not be modified or altered in any way.
2) The Materials on the Site may not be distributed or sold, rented, leased,
licensed or otherwise made available to others.
3) You may not remove any copyright or other proprietary notices contained
in the Materials.
4) You may not copy or distribute any graphics in the Materials apart from
their accompanying text.
5) You will not quote or display Materials, or any portions thereof, out of
context.
6) Gnomon reserves the right to revoke the authorization to view, download
and print the Materials available via this Site at any time, and any such use
shall be discontinued immediately upon notice from Gnomon.
7) The rights granted to you constitute a license and not a transfer of title.
8) The Materials comprised of Software are subject to the additional provisions
governing Software set forth herein.
9) Any Materials made available only upon payment of a fee or execution of
a separate agreement may only be viewed, downloaded and printed subject to
your payment of such fee or execution.
Use of the Materials for any other purpose is expressly prohibited and may
result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
The rights specified above to view, download and print the Materials available
on this Site are not applicable to the design, layout or look and feel of this
Site. Such elements of the Site are protected by law, including trade dress,
trademark, unfair competition and other laws, and may not be copied or imitated
in whole or in part. No trademark, graphic, sound or image from the Site may
be copied or retransmitted unless expressly permitted by Gnomon. In addition,
various sections of the Site may showcase the work of creative professionals.
Such Materials belong to their creators, may be protected by Intellectual Property
Rights and are for display purposes only. Accordingly, you may not download
or print these works unless there is a notice associated with the work expressly
permitting such uses.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities,
files and otherwise, and accompanying documentation that are made accessible
via the Site (collectively, "Software") are the copyrighted and patented
work of Gnomon or its suppliers. Use of such Software is governed by the terms
of the license agreement that accompanies or is included with the Software,
or by any license agreement expressly stated on the Site page(s) accompanying
the Software. You will not be able to use, download or install any Software
that is accompanied by or includes a license agreement unless you agree to
the terms of such license agreement. Absent a license agreement that accompanies
the Software, use of the Software will be governed by the Terms of Use. You
agree that you will not decompile, reverse engineer or otherwise attempt to
discover the source code of the Software. The Software is made available solely
in accordance with the license agreement. Without limiting the foregoing, unless
the accompanying license agreement expressly allows otherwise, any copying
or redistribution of the Software is prohibited, including any copying or reproduction
of the Software to any other server or location for further reproduction, redistribution
or use on a service bureau basis. Any unauthorized use, copying or distribution
of the Software is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
PRIVACY
Gnomon’s Privacy Policy applies to use of this Site, and its terms are
made a part of these Terms of Use by this reference. To view Gnomon’s
Privacy Policy, please visit the “Privacy Policy” icon. Additionally,
by using the Site, you acknowledge and agree that Internet transmissions are
never completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is
a special notice that a particular transmission (for example, credit card information)
is encrypted.
SUBMITTED MATERIALS
All materials that you post on or otherwise submit via the Site and Services
(“User Materials”) shall not be confidential information or trade
secrets owned by you or any other party. You will receive no compensation for
any use of your User Materials. Gnomon may, but is not required to, post or
use any of your User Materials that you may post or otherwise submit. Gnomon
does not pre-screen User Materials that users provide or otherwise submit via
the Site or Services; however, Gnomon may remove any posted or submitted User
Materials from the Site or any Service for any reason without notice in its
sole discretion. By posting or submitting your User Materials, you represent
and warrant that you own or otherwise control all of the Intellectual Property
Rights and other rights to your User Materials as described in these Terms
of Use, including all the rights necessary for you to post or submit your User
Materials.
In addition, by posting or otherwise submitting your User Materials that contain
images, photographs, pictures, videos, webcasts or that are otherwise graphical
in whole or in part ("Images"), you represent and warrant that: (a)
you own the copyright in such Images, or that you have obtained all necessary
license(s) from the copyright owner(s) of such Images to use such Images, or
portions thereof, in keeping with your use in connection with the Site, the
Services and as otherwise permitted by these Terms of Use; (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use; and (c) you have received consent from any and all persons depicted
in such Images to use the Images as set forth in these Terms of Use, including
the distribution, public display, public performance and reproduction of such
Images. By posting or otherwise submitting Images, you grant to Gnomon and
all other users of this Site permission to use your Images in connection with
their use permitted by these Terms of Use (including making prints and gift
items incorporating such Images), including an unrestricted, irrevocable, non-exclusive,
worldwide, royalty-free and fully paid up license under all Intellectual Property
Rights to copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, translate, transmit and reformat your Images, with or without
having your name attached to such Images, in any manner or form and for any
purpose, with full rights to sublicense such rights through multiple tiers
of distribution. You will receive no compensation with respect to the use of
your Images.
You are solely and entirely responsible for all of your User Materials that
you post or otherwise submit via the Site or Services. You shall assume all
risks associated with the use of your User Materials including any reliance
on the accuracy, completeness or usefulness of your User Materials. Gnomon
does not guarantee the accuracy, integrity or quality of your User Materials.
You acknowledge and agree that by accessing or using the Site or Services,
you may be exposed to User Materials from others that are offensive, indecent
or otherwise objectionable.
GNOMON’S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site,
including (a) comments to Communications Venues, (b) feedback, (c) bug reports,
(d) piracy reports or (e) product suggestions, you grant Gnomon and the users
of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free
and fully paid up license under all Intellectual Property Rights to use, reproduce,
publicly display, publicly perform, copy, edit, modify, translate, reformat,
transmit and distribute such User Materials, with or without having your name
attached to such Images, in any manner or form and for any purpose, with full
rights to sublicense such rights through multiple tiers of distribution, and
you also acknowledge and agree that Gnomon is free to use any ideas, concepts,
know-how or techniques that you provide for any purpose without any compensation
to you. You acknowledge and agree that Gnomon shall not be liable for any failure
to store User Materials on the Site at any time.RESTRICTION AND TERMINATION
OF USE
Gnomon may block, restrict, disable, suspend or terminate your access to all
or part of the Site, Services and Materials at any time in Gnomon’s sole
discretion, without prior notice or liability to you.
Gnomon reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site,
or any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance, error correction, or other changes.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under Gnomon’s control, and Gnomon
is not responsible for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked Sites. You
will need to make your own independent judgment regarding your interaction
with these Linked Sites.
WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY GNOMON UNDER THESE TERMS
OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, GNOMON MAKES NO WARRANTY THAT (i) THE SITE,
SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES
OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY
SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. GNOMON MAY MAKE CHANGES TO THE SITE,
MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE
OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE.
THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND GNOMON MAKES NO COMMITMENT
TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) GNOMON DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING
THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii)
GNOMON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD
PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH
SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) GNOMON SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
GNOMON DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND
SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND
ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION
IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE
NOT AUTHORIZED GNOMON SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT
THOSE OF GNOMON. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GNOMON WILL HAVE NO
LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS,
LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GNOMON ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY
OF ANY USER MATERIALS.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA
OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. GNOMON ASSUMES NO LIABILITY
FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO
YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GNOMON
OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE. GNOMON WILL NOT BE LIABLE FOR ANY LOSS THAT YOU
MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT
TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST GNOMON FOR DISSATISFACTION WITH THE SITE, MATERIALS,
OR SERVICES IS TO STOP USING SUCH. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
The above disclaimer also applies to any damages, liability or injuries caused
by any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GNOMON, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR
LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR IF GNOMON HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH
OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER ACTION.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
If, notwithstanding the other provisions of these Terms of Use, Gnomon is found
to be liable to you for any damage or loss which arises out of or is in any
way connected with your use of the Site, Materials, or Services, Gnomon’s
liability shall in no event exceed US (One Hundred Dollars) $100.00. Some jurisdictions
do not allow limitations of liability, so the foregoing limitation may not
apply to you.
INDEMNITY
You agree to indemnify and hold Gnomon, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, attorneys, subsidiaries
and affiliates, harmless from any demands, loss, liability, claims or expenses
(including attorneys’ fees), made against Gnomon by any third party due
to or arising out of or in connection with your use of the Site, Materials,
or Services.
VIOLATION OF TERMS OF USE
Gnomon may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) Gnomon’s rights or property,
or the rights or property of visitors to or users of the Site, including without
limitation, Gnomon’s licensors, affiliates, or product consumers/customers.
Gnomon reserves the right at all times to disclose any information that Gnomon
deems necessary to comply with any applicable law, regulation, legal process
or governmental request. Gnomon also may disclose your information when Gnomon
determines that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that Gnomon may preserve any transmittal or communication
by you with Gnomon through the Site or any service offered on or through the
Site, and may also disclose such data if required to do so by law or Gnomon
determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights of others, or (4) protect
the rights, property or personal safety of Gnomon, its employees, users of
or visitors to the Site, and the public.
You agree that Gnomon may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site
if we determine that you have violated these Terms of Use or other agreements
or guidelines which may be associated with your use of the Site. You also agree
that any violation by you of these Terms of Use will constitute an unlawful
and unfair business practice, and will cause irreparable harm to Gnomon, for
which monetary damages would be inadequate, and you consent to Gnomon obtaining
any injunctive or equitable relief that Gnomon deems necessary or appropriate
in such circumstances. These remedies are in addition to any other remedies
Gnomon may have at law or in equity.
You agree that Gnomon may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited
to) (1) requests by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance or material modification
of the Site or any service offered on or through the Site, or (4) unexpected
technical issues or problems.
If Gnomon does take any legal action against you as a result of your violation
of these Terms of Use, Gnomon will be entitled to recover from you, and you
agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to Gnomon. You agree that Gnomon will
not be liable to you or to any third party for termination of your access to
the Site as a result of any violation of these Terms of Use.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the
laws of the State of California without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal
courts in Los Angeles County, California, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be brought within one (1)
year after the cause of action arises, or such claim or cause of action is
barred. No recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between Gnomon and you arising out
of or in connection with your use of the Site, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we are unable to resolve
any such dispute within a reasonable time (not to exceed thirty (30) days),
then either party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be free
to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
Gnomon administers and operates the www.thegnomonworkshop.com Site from its location
in Hollywood, California USA; other Gnomon sites may be administered and operated
from various locations outside the United States. Although the Site is accessible
worldwide, not all features or products discussed, referenced, provided or
offered through or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States. Gnomon
reserves the right to limit, in its sole discretion, the provision and quantity
of any feature, product or service to any person or geographic area. Any offer
for any feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United States, you do so
on your own initiative and you are solely responsible for complying with applicable
local laws.
MISCELLANEOUS
You may not use or export or re-export any Materials or Services or any copy
or adaptation of such Materials or Services offered on the Site, in violation
of any applicable laws or regulations, including without limitation United
States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced
with a valid provision that best embodies the intent of these Terms of Use,
so that these Terms of Use shall remain in full force and effect. These Terms
of Use constitute the entire agreement between you and Gnomon with regard to
your use of the Site, and any and all other written or oral agreements or understandings
previously existing between you and Gnomon with respect to such use are hereby
superseded and cancelled. Gnomon will not accept any counter-offers to these
Terms of Use, and all such offers are hereby categorically rejected. Gnomon’s
failure to insist on or enforce strict performance of these Terms of Use shall
not be construed as a waiver by Gnomon of any provision or any right it has
to enforce these Terms of Use, nor shall any course of conduct between Gnomon
and you or any other party be deemed to modify any provision of these Terms
of Use. These Terms of Use shall not be interpreted or construed to confer
any rights or remedies on any third parties.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential.
Gnomon shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2007 The Gnomon Workshop, Inc. All rights reserved.
The Gnomon Workshop, Inc., 1015 North Cahuenga Boulevard, Hollywood, CA 90038. |
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