For use of Roberts' Outfitting online services
Acceptance of terms
Computers And Communications. ("Roberts' Outfitting") makes this Web
site (the "Site")">
For use of Roberts' Outfitting online services
Acceptance of terms
Computers And Communications. ("Roberts' Outfitting") makes this Web
site (the "Site"), including all information, documents, communications,
files, text, graphics, software, and products available through the Site
(collectively, the "Materials") and all services operated by Roberts'
Outfitting and third parties through the Site (collectively, the
"Services"), available for your use subject to the terms and conditions
set forth in this document and any changes to this document that
Roberts' Outfitting may publish from time to time (collectively, the
"Terms of Use").
By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any Materials, or
merely browsing the Site, you agree to and are bound by the Terms of
Use.
Roberts' Outfitting reserves the right to change the Terms of Use and
other guidelines or rules posted on the Site from time to time at its
sole discretion, and will provide notice of material changes on the home
page of the Site. Your continued use of the Site, or any Materials or
Services accessible through it, after such notice has been posted
constitutes your acceptance of the changes. Your use of the Site 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. You should
periodically check the "Terms of Use" link on the Site's home page to
view the then-current terms. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates, and any
Materials downloaded or printed from the Site in violation of the Terms
of Use must be immediately destroyed.
Defined terms
One of the Services offered through this Site is a collaboration and
file-sharing service known as Roberts' Outfitting® Information,
materials, files, communications, and documents that are posted by users
in conjunction with the are referred to collectively as "Design
Content." The group of persons among which the collaboration and file
sharing takes place is referred to herein as the "Work Group." All other
user-supplied information, materials, files, communications, and
documents, excluding the Design Content, are referred to collectively as
"User Content." "Roberts' Outfitting Content" means all Materials
provided by Roberts' Outfitting. Design Content, User Content, and
Roberts' Outfitting Content may have different restrictions and
conditions associated with them.
Types of users
Please be aware that certain activities on this Site, such as available
only to persons who are covered under a paid or trial subscription
agreement with Roberts' Outfitting ("Subscribers") and persons invited
by Subscribers to participate in such activities.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials or
Services at this Site may violate such laws and the Terms of Use. Except
as expressly provided herein, Roberts' Outfitting and its suppliers do
not grant any express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the
Site, its Materials, or its Services or their selection and arrangement,
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.
Use of Services
When using Services on this Site that are offered by Roberts'
Outfitting, you shall be subject to any posted guidelines, rules, or
licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.
In addition to the Materials and Services offered by Roberts'
Outfitting, this Site also makes available materials, information, and
services provided by third parties (collectively, the "Third-Party
Services"). The Third-Party Services are governed by separate license
agreements that accompany such services. Roberts' Outfitting 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 the Third-Party Services and the Materials
and Services offered by Roberts' Outfitting. You agree that you will not
hold Roberts' Outfitting responsible or liable with respect to the
Third-Party Services or seek to do so.
Use of software. The software and accompanying documentation that is
made available to download from this Site is the copyrighted and/or
patented work of Roberts' Outfitting and/or its suppliers. Use of the
software is governed by the terms of the license agreement that
accompanies or is included with such software. Such terms are available
for review and are incorporated herein by this reference. You will not
be able to download or install any software that is accompanied by or
includes a license agreement unless you agree to the terms of such
license agreement. If you do not agree to such terms, you will not be
able to use the software. 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 available on the
Site.
Use of Roberts' Outfitting Content and User Content. Except as indicated
to the contrary elsewhere on this Site, you may view, download, and
print the Roberts' Outfitting Content and User Content available on this
Site subject to the following conditions:
The Roberts' Outfitting Content and User Content may be used solely for
personal, informational, and internal purposes.
The Roberts' Outfitting Content and User Content may not be modified or
altered in any way.
The Roberts' Outfitting Content and User Content on the Site may not be
distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained
in the Roberts' Outfitting Content and User Content.
Roberts' Outfitting reserves the right to revoke the authorization to
view, download, and print the Roberts' Outfitting Content and User
Content available on this Site at any time, and any such use shall be
discontinued immediately upon notice from Roberts' Outfitting.
The rights granted to you constitute a license and not a transfer of
title.
Important exceptions. Various sections of the Site, such as ePortfolio,
the Galleries, or the Features, showcase the work of creative
professionals. Such works belong to their creators, may be protected by
copyright or other proprietary laws, 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.
The rights specified above to view, download, and print the Roberts'
Outfitting Content and User Content available on this Site are not
applicable to the design or layout of this Site. Elements of this Site
are protected by trade dress and other laws and may not be copied or
imitated in whole or in part.
Use of Design Content. Subscribers and other persons registered to use
the DesignTeam service may use the Design Content in any manner that has
been agreed upon by the user providing such Design Content. It is your
sole responsibility to discuss with others in your Work Group and
determine what limitations, if any, are placed on your use of the Design
Content distributed within your Work Group. If you obtain access to
materials created or used by others outside of your Work Group in
conjunction with the DesignTeam service, you have no right to use such
materials in any way. You also acknowledge that Roberts' Outfitting has
no liability of any kind should members of your Work Group modify,
destroy, corrupt, copy, or distribute your Design Content.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of Roberts' Outfitting or other third parties. You
are not permitted to use the Marks without the prior written consent of
Roberts' Outfitting or such third party that may own the Marks. Roberts'
Outfitting and the Roberts' Outfitting logo are trademarks of Roberts'
Outfitting .
For a current list of Roberts' Outfitting's Marks, as well as certain
third-party Marks, please refer to trademark information.
License to Roberts' Outfitting for User Content
Certain Services offered through this Site accommodate or require User
Content. Depending upon the nature of the Service, by submitting User
Content to this Site, you grant Roberts' Outfitting one of the following
types of licenses:
For User Content that is the result of your creative efforts and which
is intended to be displayed on the Site, such as examples of work you
have done using Roberts' Outfitting products, you grant Roberts'
Outfitting a worldwide, royalty-free, non-exclusive license to modify
(for purposes of formatting, maintenance, or Site administration only)
and reproduce such User Content. You also grant Roberts' Outfitting the
right to distribute and publicly display and perform such User Content
for the purpose for which such User Content was submitted to the Site.
This license will be in effect until such User Content is removed from
the Site. If you submit User Content to the Design Review service, you
acknowledge that such content may be modified and annotated, and
Roberts' Outfitting may display the User Content together with such
modifications and annotations solely for purposes of the Design Review
service. You acknowledge and agree that any User Content you submit to
Roberts' Outfitting Studio Exchange, such as actions or extensions, may
be downloaded, modified, reproduced, and distributed by users of this
Site.
For User Content such as comments to the Roberts' Outfitting User to
User Forums, bug reports, piracy reports, or product suggestions, you
grant Roberts' Outfitting and the users of this Site an unrestricted,
worldwide, irrevocable license to use, reproduce, display, perform,
modify, transmit, and distribute such User Content, and you also agree
that Roberts' Outfitting is free to use any ideas, concepts, know-how,
or techniques that you send us for any purpose without any compensation
to you. However, we will not release your name or otherwise publicize
the fact that you submitted such User Content to us unless: (a) you
grant us permission to do so; (b) we first notify you that the User
Content you submit to a particular part of the Site will be published or
otherwise used with your name on it; (c) we have a good faith belief
that we are required to do so by law and/or in response to a subpoena or
court order; or (d) we believe it necessary in order to protect the
rights of Roberts' Outfitting or others. License to Roberts' Outfitting
for Design Content For Design Content that is intended to be accessible
only to members of your Work Group, you grant Roberts' Outfitting the
right to copy, display, distribute, and otherwise use such Design
Content in connection with operation of the DesignTeam service. You
agree that Roberts' Outfitting may access and/or disclose such Design
Content if Roberts' Outfitting has a good faith belief that it must do
so to (a) perform system administration, such as diagnosing and
correcting problems, or testing any aspect of the DesignTeam service;
(b) respond to a valid court order or subpoena; (c) comply with
legislation or regulations, including, without limitation, the Digital
Millennium Copyright Act; (d) investigate complaints; or (e) protect
Roberts' Outfitting or others from liability or damages. Roberts'
Outfitting has no obligation to retain Design Content once the
applicable subscription agreement has expired or terminated, and you
agree that Roberts' Outfitting shall not be liable for any failure to
store Design Content after such expiration or termination.
Prohibited communications
You may submit only User Content or Design Content to the Site that is
(a) owned by you, (b) submitted with the express permission of the owner
or within the scope of the license to such content, or (c) in the public
domain. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials that
would violate any law or the rights of others, including, without
limitation, laws against copyright infringement, and rights of privacy
and publicity. Violation of these restrictions may result in denial of
or limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials available
through it, you agree:
not to disrupt or interfere with any other user's enjoyment of the Site
or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses
or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another's account, password, service, or
system without authorization from Roberts' Outfitting;
not to access or attempt to access any Design Content which you are not
authorized to access;
not to disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or accessible
through the Site or any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, Roberts' Outfitting reserves
the right, in its sole discretion, to delete or remove User Content from
the Site and to restrict, suspend, or terminate your access to all or
part of this Site, at any time if we have cause to do so (including,
without limitation, our good faith belief that you have violated the
Terms of Use) without prior notice or liability. In addition, Roberts'
Outfitting reserves the right to delete or remove Design Content if the
relevant subscription has expired or lapsed or if Roberts' Outfitting
has a good faith belief that the user posting such Design Content has
violated these Terms of Use, or any law or regulation, or that such
deletion or removal is necessary to comply with the law or to protect
the rights of Roberts' Outfitting or others.
Roberts' Outfitting may, but is not obligated to, monitor or review (i)
any areas on the Site where users transmit or post User Content,
including but not limited to areas where Services are available, or chat
rooms, bulletin boards, or other user forums; and (ii) the substance of
any User Content.
To the maximum extent permitted by law, Roberts' Outfitting will have no
liability related to User Content or Design Content arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. Roberts'
Outfitting also disclaims all liability with respect to the misuse,
loss, modification, or unavailability of any User Content or Design
Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account
number, account name, and/or password, if applicable. You are
responsible for damages resulting from all uses of your account number,
account name, and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name, and/or
password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND Roberts' Outfitting OR YOU AND A THIRD PARTY WITH RESPECT TO
SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND
SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, Roberts' Outfitting MAKES NO WARRANTY THAT (i)
THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS
IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. Roberts' Outfitting MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND Roberts'
Outfitting MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Roberts' Outfitting DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH
LINKS ON THE SITE; (ii) Roberts' Outfitting MAKES NO REPRESENTATION OR
WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT,
PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES ARE AT YOUR OWN RISK; AND (iv) Roberts' Outfitting SHALL NOT BE
LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE 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. Roberts' Outfitting 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 OFFERED
THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Roberts' Outfitting OR THROUGH OR FROM THE SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
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. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world and may
contain references to Roberts' Outfitting products, services, and
programs that are not available in your country. These references do not
imply that Roberts' Outfitting intends to announce such products,
services, or programs in your country.
The Site is controlled, operated, and administered by Roberts'
Outfitting from its offices within the Canada of America. Roberts'
Outfitting makes no representation that the Site, or the Services or
Materials available through it, are appropriate or available for use at
other locations outside the Canada, and access to the Site from
territories where the Site or any of its Services or Materials are
illegal is prohibited. If you access the Site from a location outside
the Canada, you are responsible for compliance with all local laws. See
the section on export control laws, below, for further information.
Personal information and privacy
To learn about how Roberts' Outfitting protects your personal
information, such as your name and address, refer to the Roberts'
Outfitting Online Privacy Policy. Except as set forth in the Privacy
Policy or in the Terms of Use, your personal information will be deemed
to be confidential. With the exception of Design Content and certain
types of User Content, any non-personal information or material sent to
Roberts' Outfitting will generally be deemed to NOT be confidential. You
understand and agree that we may disclose information about you if we
have a good faith belief that we are required to do so by law or legal
process, to respond to claims, or to protect the rights, property, or
safety of Roberts' Outfitting or others, or as stated in our Privacy
Policy. Please be aware that your browser must be enabled to accept
cookies in order for you to use the DesignTeam service or to purchase
from the Roberts' Outfitting online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Roberts'
Outfitting, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER
OR NOT Roberts' Outfitting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR
MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH
THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY
FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES
AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE.
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.
Roberts' Outfitting User to User Forums
In addition to these Terms of Use, users of the Roberts' Outfitting User
to User Forums must agree to a separate legal agreement located within
the Forums registration area of the Site. Your access to the User to
User Forums will be denied for violation of either the Terms of Use or
the agreement located within the Forums registration area of the Site.
In particular, you should be familiar with the Section titled
"PROHIBITED COMMUNICATIONS" in that agreement and conduct your
activities accordingly.
Notification of copyright infringement
Roberts' Outfitting will, in appropriate circumstances, terminate the
accounts of users who infringe the intellectual property rights of
others. If you believe that your work has been used or copied in a way
that constitutes copyright infringement and such infringement is
occurring on this Site or on sites linked to from this Site, please
provide Roberts' Outfitting's Copyright Agent a Notice containing the
following elements:
a physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have
been infringed;
a description of the copyrighted work or works that you claim have been
infringed and identification of what material in such work(s) is claimed
to be infringing and which you request to be removed or access to which
is to be disabled;
a description of where the material that you claim is infringing is
located on the Roberts' Outfitting site;
information sufficient to permit Roberts' Outfitting to contact you,
such as your physical address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Roberts' Outfitting's Copyright Agent for Notice of claims of copyright
infringement can be reached as follows:
Language
It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between Roberts'
Outfitting and you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any provision of the
Terms of Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected by that provision, and the remainder
of the Terms of Use shall continue in full force and effect. Any failure
by Roberts' Outfitting to enforce or exercise any provision of the Terms
of Use or related right shall not constitute a waiver of that right or
provision. The section titles used in the Terms of Use are purely for
convenience and carry with them no legal or contractual effect. |
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