General Terms

These Terms (along with our Privacy Policy and any service agreement relating to any specific Services) constitute the entire agreement between you and Creative Foundry and govern your use of the Services and the Sites, superseding any prior agreements. The terms of the license agreement accompanying any Software govern your use of such Software. Interpretations of these Terms will be made at our reasonable discretion and based on facts known to us. Ohio law and controlling U.S. federal law will govern terms.

Our failure to enforce any right under these Terms will not waive that right. If any provision of these Terms is invalid, these Terms should be interpreted to affect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to these Terms or the Services within one year after it arises. The section titles in these Terms are for convenience only and have no substantive effect.

These terms are the whole agreement between us relating to the provision or non-provision of the Site and the Services. Any prior representation or statement in respect thereof is hereby excluded.

Privacy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy for a description of our privacy practices. The terms of our Privacy Policy are incorporated into these Terms by reference and constitute part of the agreement between you and Creative Foundry.

Accurate Information

You agree to provide accurate and current information on all forms on the Sites. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity or your authority from such person or entity, or misrepresent the origin of any content posted on, or distributed through, the Sites or Services.

Your Responsibility for Content and Conduct

You are responsible for any content that you post or transmit on or through the Sites or Services. You will not use the Sites or Services to distribute, link to, or solicit content that: (1) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically, or otherwise offensive; (2) infringes someone else’s intellectual property or other rights; (3) advocates or solicits violence or other criminal conduct or violates any law, regulation, or contract; (4) constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as Creative Foundry specifically authorizes; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; or (6) damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Sites or the Services to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. Except as we specifically authorize (via license or otherwise), you will not reproduce, distribute, or commercially exploit any part of the Sites or the Services.

Security/No Disruption

You are responsible for all activities that occur under your passwords or account, and will keep your passwords confidential. You will immediately notify us of any unauthorized use of your passwords or account or any other breach of security. You will not disrupt the functioning of the Sites or the Services, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Sites or the Services.

Use of Forums and Other Interactive Services

The forums and other interactive Services provided through the Sites are intended for discussion of business and technical issues relating to Creative Foundry products and services. They are not provided for customer service inquiries, questioning Creative Foundry business decisions, asking about unreleased products, or for you to solicit for business. The opinions, views, and responses provided by other users of the Services or content providers do not necessarily reflect those of Creative Foundry.

Creative Foundry generally does not pre-screen, monitor, or edit content provided by third parties. However, Creative Foundry (itself or acting through a third-party organization) reserves the right, although it does not have the obligation, to monitor content throughout the Sites and Services and to edit or remove any content for any reason or no reason, in our absolute discretion. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties. We recommend that you confirm all information you obtain from the forums or elsewhere on the Sites.

Creative Foundry may from time to time set limits regarding the Services, including limits on the length of storage of e-mail and other user content and the size of messages. Creative Foundry is not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Services.

License of Your Content

If you post content in areas available to the general public, you are giving Creative Foundry a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public. If you submit summary files or other materials to the Sites of Creative Foundry, you license us to display, distribute, frame, and link to that content via the Sites and otherwise. For all content licensed by you in accordance with this section, you represent and warrant to Creative Foundry that you have all worldwide rights necessary to grant such licenses, including the license to distribute and re-distribute that content as specified above. You will provide information that we reasonably request related to any claim that content you provide infringes any rights of a third party anywhere in the world.

Separate Agreements for Software and Services

Any software made available to you through any Site or Service ("Software") and Services may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute works based on the Services or the Software. All Software downloaded from the Sites is licensed as provided in the license agreement accompanying that Software. In addition to these Terms, certain Services may be provided on terms further specified in a separate service agreement between Creative Foundry and you. If there is a conflict between these Terms and a particular service agreement, such service agreement shall control.

Support

You understand that you use the Services and Sites at your own risk. Support regarding the Software and Services is only provided on the terms of a separate agreement between you and Creative Foundry. Creative Foundry's officers, directors, employees, and agents and, except as provided above, Creative Foundry, are not responsible for your use of the Software, the Services, or the Sites.

Links to Third-Party Sites

The Sites may contain links to third-party Web sites ("Linked Sites"). The Linked Sites are not under the control of Creative Foundry. Creative Foundry is not responsible for the content of any Linked Site, including, but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. Creative Foundry provides these links to you as a convenience. The inclusion of a Linked Site does not imply endorsement by Creative Foundry of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites that you visit. In addition, Creative Foundry is not liable for any services performed or contracted by any entity contacted through a Linked Site. You are encouraged to carefully investigate the qualifications of any reseller or consultant who offers services.

Unlawful Use

You are prohibited from accessing the Services and the Sites and materials available over the Services or the Sites from territories where such activities are illegal. You also agree to comply with all local rules applicable to you regarding online conduct and content in connection with your use of the Services and the Sites.

Indemnity

You agree to indemnify, defend, and hold harmless Creative Foundry (including its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers for the Sites and Services), from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Services or the Sites using your account.

Limited Warranty/Disclaimer

Certain Software, Services, and other materials made available through the Sites may be provided with warranties separately specified by Creative Foundry in the related software license or services agreements. Except as provided in the immediately preceding sentence, all software, services, products, and other materials available through the sites are provided on an "as is, as available" basis. You use them at your own risk. To the extent permitted under applicable law, Creative Foundry expressly disclaims all other warranties, conditions, and other terms of any kind regarding the software, services, and sites whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and accuracy of information. Creative Foundry assumes no obligation that (1) the services or sites will be provided in a manner that is uninterrupted, timely, secure, or error free; (2) the services or sites are or will be free of viruses or other harmful components; or (3) the services, sites, or content provided will meet your requirements. Any material downloaded or otherwise obtained through the use of the services or the sites is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

You expressly acknowledge and agree that, to the fullest extent permitted under law, Creative Foundry will have no obligation or liability (whether arising in contract, warranty, tort, product liability, or otherwise) for any loss of data, revenue or profit loss of the use of money or for any incidental, indirect, or consequential damages or liabilities (whether or not foreseeable or foreseen or otherwise), arising with respect to your use of the services or sites. The foregoing limitations apply to damages arising from (1) use or inability to use the services or sites; (2) unauthorized access to, or alteration of, your transmissions by third parties; (3) third-party content made available to you through the services or sites; and (4) any other matter relating to the services or sites.

Proprietary Rights

You acknowledge and agree that all content and materials available on the Sites or through the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Creative Foundry or its licensors own the intellectual property rights to the Software and the other content on the Services and Sites and their design, structure, and compilation, other than customer-provided materials.

We will treat any feedback or suggestions you provide us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

Unless otherwise noted, you may view, copy, download, and print Creative Foundry documents from the Sites so long as you use them only for personal purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Sites, please contact the owner of such materials.

Claims of Intellectual Property Infringement

If you believe that your work or the work of another has been copied on the Services or the Sites in a way that constitutes an infringement of your or that other's intellectual property rights, Creative Foundry has a process in place to respond to your concerns.

In such case, please provide Creative Foundry with a written notice (a "Notice") containing the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the affected copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Service;

4. Your address, telephone number, and, if available, e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. 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.

Claims of infringement should be addressed to Creative Foundry's Copyright Agent at the following street address:

Copyright Agent
Creative Foundry, Inc.
8803 Brecksville Rd. Suite 7-117
Cleveland, Ohio 44141

Modification of These Terms and the Sites and Services

You agree that Creative Foundry has the right to amend these Terms. If Creative Foundry decides to make substantial changes to these Terms, we will post the changes on this page. We suggest that you periodically check that page to make sure that your understanding of these Terms is up to date. Your use of any Site or Service following such change will be deemed acceptance of the revised Terms. You also agree that Creative Foundry has the right (for any reason and without notice) to modify or discontinue, temporarily or permanently, all or any part of the Services and the Sites. Unless explicitly stated otherwise, any new or altered features on any Service or the Site is subject to these Terms.