LEGAL INFORMATION AND — USES
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.
“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 Render Demo 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 Render Demo 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;
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 Render Demo server or to the Site without authorization from Render Demo, 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 Render Demo server or the network(s) connected to any Render Demo server.
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 Render Demo or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
19) Use any Render Demo 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 Render Demo.
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. Render Demo 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 Render Demo 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 Render Demo, or any consumer/customer of products of Render Demo, including any Render Demo 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 Render Demo’s systems or networks, or any systems or networks connected to the Site or to Render Demo.
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 Render Demo 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.
Render Demo 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 Render Demo responsible or liable with respect to the Third-Party Services.
Render Demo, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Render Demo 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 Render Demo 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 Render Demo 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 Render Demo’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) Render Demo 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 Render Demo.
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 Render Demo. 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
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. Render Demo 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.
RENDER DEMO’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 Render Demo 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 Render Demo 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 Render Demo shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF — USE
Render Demo may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Render Demo’s sole discretion, without prior notice or liability to you.
Render Demo 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 Render Demo’s control, and Render Demo 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 RENDER DEMOUNDER 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, RENDER DEMO 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. RENDER DEMO 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 RENDER DEMO MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) RENDER DEMO 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) RENDER DEMO 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) RENDER DEMO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
RENDER DEMO 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 RENDER DEMO SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF RENDER DEMO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENDER DEMO WILL HAVE NO LIABILITY RELATED TO — USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. RENDER DEMO ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MIS– USE, 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. RENDER DEMO 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 RENDER DEMO OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF — USE. RENDER DEMO 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 RENDER DEMO 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 RENDER DEMO, 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 RENDER DEMO 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.
You agree to indemnify and hold Render Demo, 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 Render Demo 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
Render Demo 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) Render Demo’s rights or property, or the rights or property of visitors to or users of the Site, including without limitation, Render Demo’s licensors, affiliates, or product consumers/customers. Render Demo reserves the right at all times to disclose any information that Render Demo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Render Demo also may disclose your information when Render Demo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Render Demo 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.
GOVERNING LAW; DISPUTE RESOLUTION
VOID WHERE PROHIBITED
Render Demo administers and operates the www.renderdemo.com Site from its location in Massachusetts, USA; other Render Demo 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. Render Demo 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.
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.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. Render Demo shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.