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Terms of Use

 

 

 

 

 

 

 

 

More of the not-so-punchy stuff ...

Terms of Use

Things you should read before you use this site.

These Terms of Use (“Terms“) applies to and are provided by Copy Kinetics (referred to as “We,” “Us,” or “Our”). By using Copy Kinetics website, you agree to these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this site. We may revise these terms of use at any time without notice to you. If you have any questions about these Terms, please contact us by e-mail.

Please also refer to the Copy Kinetics Privacy Policy, which is incorporated by reference herein.

1. Ownership. CopyKinetics.com is owned and operated by Judy Levene d/b/a Copy Kinetics. All rights, title, and interest in and to the materials provided by this site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned by Copy Kinetics, or its respective third-party authors, developers, or vendors. Absent the written consent of Copy Kinetics, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this site shall be construed to confer any license under any of Copy Kinetics’ intellectual property rights, whether by estoppel, implication or otherwise. Please contact Us by email if you have any questions about obtaining a license. Copy Kinetics does not sell, license, lease, or otherwise provide any of the materials other than those specifically identified as being provided by Copy Kinetics.

2. Limited Permission to Use the Material. We hereby grants permission to use, view, copy and print the materials on any single, standalone computer solely for your personal, informational, noncommercial use and provided that (i) the copyright notice appearing at paragraph 14 below and the trademark notice appearing at paragraph 15 below appears in the materials; (ii) the materials are not used on any other website or in a networked computer environment; (iii) the materials are not modified in any way. This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed materials. Any unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3. Links to Third Party Sites. This site may contain links to websites controlled by parties other than Copy Kinetics (“Third Party Site”). Copy Kinetics is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of third-party sites, or any changes or updates to such sites. Copy Kinetics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us, of the third-party site. You acknowledge that you bear all risks associated with access to and use of content provided on third-party sites and agree that Copy Kinetics is not responsible for any loss or damage of any sort you may incur from dealing with a third-party. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or content located on a third-party site.

4. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COPY KINETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COPY KINETICS MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK. COPY KINETICS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL COPY KINETICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF COPY KINETICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. Indemnification. You agree to defend, indemnify and hold harmless Copy Kinetics, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

10. Unsolicited Submissions. Except as set forth in paragraph four above, Copy Kinetics does not want you to submit confidential or proprietary information to it through this site, without first contacting Copy Kinetics. All comments, feedback, information or material submitted to Copy Kinetics through or in association with this Site shall be considered non-confidential. By providing comments, feedback, information or material to Copy Kinetics this site you agree that such communications, comments, feedback, information or materials are done so without any confidentiality or proprietary protections.  Further, all comments, feedback, information or material submitted to Copy Kinetics through this site are the property of Copy Kinetics, unless otherwise agreed to by Us in writing. By providing any unsolicited submissions to Us you hereby assign to Us, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. We shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

11. Compliance with Laws. You may not access, download, use or export the site or materials in violation of the laws of the United States, applicable state laws, or other applicable laws or regulations. Any such violation is expressly against these Terms and you must cease from using this site immediately.

12. Children. Minors are not eligible to use the site, and we ask that they do not submit any personal information to us.

13. Governing Law; Venue. By using this site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the site or materials shall be instituted in a state or federal court in Texas, and in Collin County. You and Copy Kinetics agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this site.

14. Copyrights. All site design, text, graphics, the selection and arrangement thereof are the property of Copy Kinetics. ALL RIGHTS RESERVED.

15. Trademarks. Copy Kinetics™, Judy Levene, all images and text, and all page headers, custom graphics and button icons on the site are service marks, trademarks, and/or trade dress [are the property] of Copy Kinetics and Judy Levene. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.