USAGE OF ICIG WEBSITE AND RESOURCES: TEXT CONTENT, DIAGRAMS, PICTURES, ABSTRACTS, PUBLICATIONS, FORUMS, CHAT ROOMS AND BLOGGING FACILITIES - TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use this Web Site and all contents as a visitor or registered member. Please read this page carefully. If you do not accept the Terms and Conditions stated below, do not use the Web Site or any of the material therein. The domain name Registrant/Owner (Dr Mario Burghausen) with the agreement of Professor John M.T. Balmer (Joint Editor) and Dr Shaun M. Powell (Joint Administrator/Editor) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) authorize you to view and download a single copy of the material on this Web site ("Web Site") solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as Legal Notices on this Web Site and are incorporated into this Agreement by reference. The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States, United Kingdom and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Owners/operators Liability. The Material may contain inaccuracies or typographical errors. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Dr Mario Burghausen (Registrant/ Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) AND THEIR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES?GHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages. IN NO EVENT SHALL Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor), THEIR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL OBLIGATION, AND WHETHER OR NOT Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions. Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by the us as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the Web Site, you automatically grant Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) have no liability or responsibility to Users for performance or nonperformance of such activities. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) reserve the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites. The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) of the contents on such third-party Web sites. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses. All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability. Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) to you for all claims arising from the use of the Materials (including Software) is limited to $50.
Section 8. Indemnity. You agree to defend, indemnify, and hold harmless Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) and the ICIG's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control. You agree to comply with such restrictions such as to not export or re-export the Materials at this site (including Software) to countries or persons prohibited under the export control laws of the UK or USA. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. User Information. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal adminstration and marketing purposes.
Section 11. General. Your access to this web site is at your own risk and you are responsible for compliance with the laws of your local and national jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor).
FORUMS, BLOGS AND CHAT ROOM USE - WEB SITE OWNERS RIGHTS AND DUTIES
SECTION 1. As a Chat Room, Forum or Blogging facility User you are responsible for your own communications and are responsible for the consequences of posting those communications. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not represent or guarantee the truthfulness, accuracy, or reliability of any of material posted by Chat Room, Forum or Blogging User or endorse any opinions expressed by Users. User acknowledges that any reliance on material posted by other Users will be at Users own risk. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) do not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Chat Room, Forum or Blogging User Agreement, Dr Mario Burghausen (Registrant/ Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) have no liability or responsibility to Users for performance or nonperformance of such activities. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) reserve the right to expel Users and prevent their further access to the Chat Room, Forum or Blogging facilities for violating the Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
SECTION 2. USER AGREEMENT. In consideration of being allowed to use the Chat Room, Discussion Forum and Blogging facilities provided by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor), User agrees that User will not:
a. Use the Chat Room, Discussion Forum or Blogging facilities for any purpose in violation of local, state, or national laws of any country.
b. Post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner to post it.
c. Post material that reveals trade secrets, unless User owns them or has the permission of the copyright owner.
d. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
e. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity.
f. Post sexually-explicit images.
g. Post advertisements or solicitations of business.
h. Disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form).
i. Post chain letters or pyramid schemes.
j. Impersonate another person.
SECTION 3. LICENSE. By posting communications, User grants:
a. To Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor): A royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology whether now known or hereafter developed and sublicense such rights through multiple tiers of sublicensees.
b. To other Users: The right to access, view, store, and reproduce the communications for personal use only. Any other uses (i.e. the use for teaching, non-profit or commercial purposes) require the copyright permission in writing by Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor).
DOWNLOAD AGREEMENT
Section 1. Intellectual Property Rights. The Products and Downloads at this site are protected by copyright and other intellectual property laws, and all intellectual property rights in the Products/Downloads belong to Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) and/or the original author/s. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform the Products/Downloads. Copying or storing the Products/Downloads other than as permitted in Section 2 is expressly prohibited unless you obtain prior written permission from Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor).
Section 2. Permitted and Prohibited Uses. You may use the Products/Downloads on a single computer for your personal use. You may make a single copy of the Products/Downloads for archival purposes and may use such copy only when the original copy is not in use. You may not use the Products/Downloads on a computer network or allow concurrent use of the Products/Downloads by more than the subscribing individual. You may not rent, lease or otherwise transfer the Products/Downloads. Unless permitted by law, you may not reverse engineer, decompile, or disassemble the Products/Downloads.
Section 3. Limited Warranty. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) warrant to the original purchaser or licensee that the Products/Downloads for any paid subscription period that the member continues to subscribe or remains registered for. This Limited Warranty applies only if the nonconformance is reported to Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) during the Warranty Period. It is void if the failure of the Products/Downloads is the result of accident, abuse, misapplication, or inappropriate use of the Products/Downloads.
Section 4. No Other Warranties. TO THE EXTENT PERMITTED BY LAW, Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) DISCLAIM ALL OTHER WARRANTIES ON THE PRODUCTS/DOWNLOADS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY-REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
Section 5. Exclusive Remedy. The exclusive remedy for breach of this Agreement shall be, at Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) option, either (a) the repair or replacement of the Products/Downloads that does not meet Companys Limited Warranty (and is returned with proof of license); or (b) a refund of the price, if any, which you paid to license the Products/Downloads.
Section 6. Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE PRODUCTS/DOWNLOADS OR INABILITY TO USE THE PRODUCTS/DOWNLOADS, INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 7. Limitation on Liability. Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) LIABILITY SHALL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCTS/DOWNLOADS.
Section 8. Export Control. The United States controls the export of Products/Downloads and information. You agree to comply with such restrictions and not to export or re-export the Products/Downloads to countries or persons prohibited under the export control laws. By downloading the Products/Downloads, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Products/Downloads.
Section 9. Taxes. You shall be responsible for the payment of all sales, use and similar taxes relating to the license of the Products/Downloads.
Section 10. Government Users. If the Products/Downloads is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ( U.S. Government ), it is provided with Restricted Rights. Use, duplication, or disclosure of the Products/Downloads 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 of DFARS or subparagraphs (c)(1) an d(2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Section 11. General Terms. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and Dr Mario Burghausen (Registrant/Owner), Dr Shaun M. Powell (Joint Administrator/Editor) and Professor John Balmer (Joint Editor) with respect to this transaction. Any changes to this agreement must be made in writing and signed by the owner of this web site domain (Dr Mario Burghausen).