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Home | Company | Policies |
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Terms Of Use Policy
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ACCEPTANCE OF TERMS.
The services that Electric Rain provides to you
are subject to the following Terms of Use ("TOU").
Electric Rain reserves the right to update the TOU
at any time without notice to you. 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.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Electric
Rain provides you with access to a variety of resources,
including download areas, communication forums and
product information (collectively "Services").
The Services, including any updates, enhancements,
new features, emails, newsletters, and/or the addition of any new Web
properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for
your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works
from, transfer, or sell any information, software,
products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to
the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB
SITE.
Any software that is made available to download
from the Services ("Software") is the
copyrighted work of Electric Rain and/or its suppliers.
Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies
or is included with the Software ("License
Agreement"). An end user will be unable to
install any Software that is accompanied by or includes
a License Agreement, unless he or she first agrees
to the License Agreement terms.
The Software is made available for download solely
for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software
not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, ELECTRIC RAIN
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, ELECTRIC RAIN MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ELECTRIC
RAIN DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES OR IN ELECTRIC RAIN SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is
downloaded from the Services for or on behalf of
the United States of America, its agencies and/or
instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer
is Electric Rain Corporation.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB
SITE.
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services
is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use
of such Documents from the Services is for informational
and non-commercial or personal use only and will
not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications
of any Documents are made. Accredited educational
institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download
and reproduce the Documents for distribution in
the classroom. Distribution outside the classroom
requires express written permission. Use for any
other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design
or layout of the Erain.com Web site or any other
Electric Rain owned, operated, licensed or controlled
site. Elements of Electric Rain Web sites are protected
by trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image
from any Electric Rain Web site may be copied or
retransmitted unless expressly permitted by Electric
Rain.
ELECTRIC RAIN AND/OR ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. ELECTRIC RAIN AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ELECTRIC
RAIN 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 INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. ELECTRIC RAIN AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL ELECTRIC RAIN 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.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account,
you must complete the registration process by providing
us with current, complete and accurate information
as prompted by the applicable registration form.
You also will choose a password and email address.
You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities
that occur under your account. You agree to notify
Electric Rain immediately of any unauthorized use
of your account or any other breach of security.
Electric Rain will not be liable for any loss that
you may incur as a result of someone else using
your password or account, either with or without
your knowledge. However, you could be held liable
for losses incurred by Electric Rain or another
party due to someone else using your account or
password. You may not use anyone else's account
at any time, without the permission of the account
holder.
EMAIL SERVICES.
Some Services may require you to enroll in an
email campaign corresponding to the Service
in which you signed up for such as trials, resource
downloads, and software purchases. All
automatic enrollment campaigns are Opt-out.
All Newsletter services are Opt-in and Opt-out.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you
will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any
manner that could damage, disable, overburden, or
impair any Electric Rain server, or the network(s)
connected to any Electric Rain server, or interfere
with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer
systems or networks connected to any Electric Rain
server or to any of the Services, through hacking,
password mining or any other means. You may not
obtain or attempt to obtain any materials or information
through any means not intentionally made available
through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin
board services, forums, communities, and/or other
message or communication facilities designed to
enable you to communicate with others (each a "Communication
Service" and collectively "Communication
Services"). You agree to use the Communication
Services only to post, send and receive messages
and material that are proper and, when applicable,
related to the particular Communication Service.
By way of example, and not as a limitation, you
agree that when using the Communication Services,
you will not:
- Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information.
- Upload, or otherwise make available, files
that contain images, photographs, software or
other material protected by intellectual property
laws, including, by way of example, and not
as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you
own or control the rights thereto or have received
all necessary consent to do the same.
- Use any material or information, including
images or photographs, which are made available
through the Services in any manner that infringes
any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs
that may damage the operation of another's computer
or property of another.
- Advertise or offer to sell or buy any goods
or services for any business purpose, unless
such Communication Services specifically allows
such messages.
- Download any file posted by another user of
a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
- Falsify or delete any copyright management
information, such as author attributions, legal
or other proper notices or proprietary designations
or labels of the origin or source of software
or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using
and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication
Service.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of
misleading others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
any directory of users of the Services or other
user or usage information or any portion thereof.
Electric Rain has no obligation to monitor the Communication
Services. However, Electric Rain reserves the right
to review materials posted to the Communication
Services and to remove any materials in its sole
discretion. Electric Rain reserves the right to
terminate your access to any or all of the Communication
Services at any time, without notice, for any reason
whatsoever.
Electric Rain reserves the right at all times to
disclose any information as Electric Rain deems
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit,
refuse to post or to remove any information or materials,
in whole or in part, in Electric Rain's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your
children in any Communication Services. Electric
Rain does not control or endorse the content, messages
or information found in any Communication Services
and, therefore, Electric Rain specifically disclaims
any liability with regard to the Communication Services
and any actions resulting from your participation
in any Communication Services. Managers and hosts
are not authorized Electric Rain spokespersons,
and their views do not necessarily reflect those
of Electric Rain.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO ELECTRIC RAIN OR POSTED AT
ANY ELECTRIC RAIN WEB SITE.
Electric Rain does not claim ownership of the materials
you provide to Electric Rain (including feedback
and suggestions) or post, upload, input or submit
to any Services or its associated services for review
by the general public, or by the members of any
public or private community, (each a "Submission"
and collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting
Electric Rain, its affiliated companies and necessary
sublicensees permission to use your Submission in
connection with the operation of their Internet
businesses (including, without limitation, all Electric
Rain Services), including, without limitation, the
license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name
in connection with your Submission; and the right
to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the
use of your Submission, as provided herein. Electric
Rain is under no obligation to post or use any Submission
you may provide and Electric Rain may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in these Terms of
Use including, without limitation, all the rights
necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner
of such Images has granted you permission to use
such Images or any content and/or images contained
in such Images consistent with the manner and purpose
of your use and as otherwise permitted by these
Terms of Use and the Services, (b) you have the
rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in
these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your
private community (for each such Images available
to members of such private community), and/or (b)
to the general public (for each such Images available
anywhere on the Services, other than a private community),
permission to use your Images in connection with
the use, as permitted by these Terms of Use, of
any of the Services, (including, by way of example,
and not as a limitation, making prints and gift
items which include such Images), and including,
without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having
your name attached to such Images, and the right
to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding
sentences for a Images will terminate at the time
you completely remove such Images from the Services,
provided that, such termination shall not affect
any licenses granted in connection with such Images
prior to the time you completely remove such Images.
No compensation will be paid with respect to the
use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE ELECTRIC
RAIN'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF ELECTRIC RAIN AND ELECTRIC RAIN 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. ELECTRIC RAIN IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. ELECTRIC RAIN IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY ELECTRIC RAIN OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
ELECTRIC RAIN 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 ELECTRIC
RAIN'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO ELECTRIC RAIN. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ELECTRIC
RAIN OR ANYONE AT ELECTRIC RAIN. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ELECTRIC
RAIN MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2001 Electric
Rain Corporation.
TRADEMARKS. Electric Rain, Erain, Electric Rain,
Inc., Erain.com, Swift 3D, Swift 3D LW,
Swift 3D MAX, Swift 3D XSI, Font FX, Font
FX Express, Font FX v2.0, DevLab, DevLab.com, Swift 3D Xpress,
SmartLayer, Flash Illuminations, Swift 3D Extreme,
and Swift3D.com.
Electric Rain products referenced herein are either
registered trademarks or trademarks of Electric
Rain Corporation in the U.S. and/or other countries.
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, e-mail address, logo, person, or event is
intended or should be inferred. Any rights not expressly
granted herein are reserved. |
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© 2012 Electric Rain, Inc.
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