Terms and Conditions
For a quick overview please read Basic Terms of Use
Your Acceptance
By accessing, using and/or visiting any of the CGSociety.org websites (collectively, including all Content and/or services available through the BalllisticPublishing.com and CGSociety.com domain names, the �Websites"), using any CGSociety or Ballistic Publishing network, or using the servers operated by Ballistic Media (�CGSociety services�), you, agree to be bound by the notices, Privacy Policy, terms and conditions in these Terms of Use and elsewhere on GCSociety.org. If You do not accept all of these terms and conditions, You may not access or use the CGSociety Services. Terms of Use may change at any time without notice. Following any changes or modifications to these Terms of Use your continued use of the CGSociety Services constitutes Your acceptance of the changes or modifications. BallisticPublishing.com, CGSociety.org domains and all associated web sites within those domains are collectively owned and administered by Ballistic Media Pty Ltd, an Australian company registered in the state of South Australia and e heartier referred to �Ballistic Media�.
Website Access
A. Ballistic Media hereby grants you permission to use the Websites and CGSociety Services as set forth in this Terms of Service, provided that: <ol style="list-style-type:lower-roman"> <li>your use of the Website as permitted is solely for your personal, noncommercial use;</li> <li>you will not copy or distribute any part of the Website in any medium without Ballistic Media�s prior written authorization;</li> <li>you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and</li> <li>you will otherwise comply with the terms and conditions of these Terms of Service.</li> </ol>
Registration
You may be required to register with CGSociety and select a password and user name as a condition to access and/or use parts of the CGSociety Services. You must provide accurate and complete user registration information. Failure to do so shall constitute a breach of these Terms of Use, and may result in termination of Your CGSociety account. You may not <ol style="list-style-type:lower-roman"> <li>use the name of another person with the intent to impersonate that person;</li> <li>use a name subject to any rights of a person or entity other than yourself without appropriate authorization; or</li> <li>use a name that is offensive, vulgar or obscene.</li> <li>use another's account without the account owners express permission.</li> </ol> Ballistic Media reserves the right to refuse registration of, or cancel a User Account at it�s sole discretion, with or without notice. You are solely responsible for activity that occurs on your account. You bear the sole responsibility for maintaining the confidentiality of your CGSociety password. You must immediately notify Ballistic Media in writing of any unauthorized use of Your account, or other account related security breach of which you are aware. Ballistic Media will not be liable for your losses caused by any unauthorized use of your account, however, you may be liable for the losses of Ballistic Media or others due to such unauthorized use.
Use of the CGSociety Services - Rules and Conduct
The CGSociety Services are provided only for personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by Ballistic Media. Any unauthorized use of the CGSociety Services is expressly prohibited.
You agree to be polite and courteous when using CGSociety services and uploading Users Submissions. By way of example, and not as a limitation, you agree not to upload, post, submit or otherwise facilitate distribution of any content using any CGSociety Services that: <ol style="list-style-type:lower-roman"> <li>infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or</li> <li>is unlawful, obscene, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;</li> <li>misrepresents the source or identity of any content; or </li><li>constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); or</li> <li>contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Ballistic Media or any third party; or </li> <li>impersonates, or falsely indicates an affiliation with, any person or entity. </li> </ol>Additionally, You agree that You will not: <ol style="list-style-type:lower-roman"> <li>take any action that imposes an unreasonable or disproportionately large load on Ballistic Medias infrastructure;</li> <li>interfere or attempt to interfere with the proper working of the CGSociety Services;</li> <li>bypass any measures Ballistic Media may use to prevent or restrict access to the CGSociety Services; or</li> <li>interfere with any other user�s access, participation or enjoyment of CGSociety Services.</li> <li>Directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the CGSociety Services or any content available through the CGSociety Services. <li>Use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses CGSociety or Ballistic Publishing websites in a manner that sends more request messages to Ballistic Media servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.</li> <li>Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials; provided that, we reserve the right to revoke these exceptions either generally or in specific cases.</li> <li>Collect information from the CGSociety Services, including, without limitation, information about other users of the CGSociety Services except for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials.</li> <li>To collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the CGSociety Services for any commercial solicitation purposes <li>Frame or otherwise display any portion of Ballistic Media websites or any of their contents.</li> <li>Make hyperlinks to any password protected web pages on the CGSoceity Services websites.</li> <li>Solicit, for commercial purposes, any users of the Website with respect to their User Submissions.</li> </ol> Ballistic Media may terminate your User account and/or access to all or any part of the CGSociety Services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the CGSociety Services at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You understand and agree the when using the CGSociety Services and other Ballistic Media websites you will be exposed to User Submissions from a variety of sources and that you understand and agree that: <ol style="list-style-type:lower-roman"> <li>Ballistic Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.</li> <li>You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable and you hereby waive any legal or equitable rights or remedies you have or may have against Ballistic Media with respect to said User Submissions.</li> </ol>
User Submissions
The CGSociety Services enables you to make content available to other users and to the general public. The content is referred to as �User Submissions .�. User Submissions may include, but is not limited to, video, film, music, text, communications, software, scripts, graphics, images, audio, information, and interactive features, or any other data in any format that you can upload to CGCosciey Services now or in the future, regardless or any express or implied support for said data and formats. You bear the sole responsibility for User Submissions you make or cause to be made by any means and the consequences of posting or publishing them. In connection with User Submissions, you expressly agree, affirm, represent, and/or warrant that: <ol style="list-style-type:lower-roman"> <li>you own or have the necessary licenses, rights, consents, and permissions to use and authorize CGSociety to use your User Submissions; and<li> <li>you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these</li> <li>You indemnify and hold Ballistic Media harmless from and against any liability, claims, losses, demands or damages arising out of or relating to Ballistic Media�s use of your User Submissions</li> <li>Ballistic Media does not endorse or guarantee any User Submissions .</li> <li>You will not state or imply any endorsement or guarantee or User Submissions s.</li> <li>Ballistic Media does not guarantee that any User Submissions will be made available on the CGSociety Services, whether continuously or at all.</li> <li>User Submissions that You make available on the CGSociety Services may be made freely available by Ballistic Media to other registered members and the general public who may download your User Submissions.</li> <li>Ballistic Media does not guarantee any confidentiality with respect to any submissions even if the User Submission was uploaded into an area, or with a feature that claims, or appears, to be not accessible to the public.</li> <li>At it�s sole discretion Ballistic Media may, at any time, with or without notice, remove or block access to any User Submissions from the CGsociety Services.</li> </ol>
You retain all of your ownership rights, including but not limited to Copyright, in your User Submissions. However, by submitting the User Submissions to CGSociety Services, you expressly acknowledge and agree that you grant Ballistic Media worldwide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CGSociety, Ballistic Publishing and Ballistic Media (and its successor's) business. The foregoing license granted by you terminates once you remove or delete a User Submission from the CGSociety Website.
CGSociety shall have no obligation to monitor any User Submissions. However, Ballistic Media and its agents reserve the right to monitor any User Submissions from time to time for any lawful purpose.
Privacy Policy
Your use of the CGSociety Services is subject to acceptance of our Privacy Policy [1]..
Links to Third Party Websites
As a convenience for its users, Ballistic Media may provide links on this website to other websites owned by third parties. Unless otherwise stated, such links do not constitute any endorsement or responsibility by Ballistic Media.
Warranties Disclaimer
THE CGSOCIETY SERVICES AND OTHER BALLISTIC MEDIA SERVICES AND WEBSITES ARE PROVIDED BY BALLISTIC MEDIA "AS IS" AND "AS AVAILABLE". BALLISTIC MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT CGSOCIETY SERVICES AND OTHER BALLISTIC MEDIA SERVICES AND WEBSITES OR THEIR CONTENT.
Imdemnity
You agree to indemnify and hold the officers, directors, employees and agents of Ballistic Media ,harmless from and against any liability, claims, losses, demands or damages arising out of: <ol style="list-style-type:lower-roman"> <li>your use of CGSociety Services and any Ballistic Media websites and services.</li> <li>your violation of any term of these Terms of Service;</li> <li>your violation of any third party right, including without limitation any copyright, property, or privacy right; or</li> <li>any claim that one of your User Submissions caused damage to a third party.</li> </ol> This indemnification obligation will survive these Terms of Service and your use of CGSociety Services and /or any Ballistic Media websites.
Limitation on Liability
IN NO EVENT SHALL BALLISTIC MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ACCESS OR IN ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BALLISTIC MEDIA WEBSITES AND SERVICES, WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO:
- EXPOSURE TO OTHER USERS SUBMISSIONS;
- ERRORS IN ANY USERS SUBMISSION DATA;
- LOSS OF YOUR USER SUMBISSION DATA;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY OF BALLISTIC MEDIA WEBSITES OR SERVICES.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
- ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BALLISTIC MEDIA WEBSITES OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Export and International Use
Ballistic Media websites and services are controlled and offered by Ballistic Media from its corporate headquarters Australia. Ballistic Media makes no representations that our websites and services are appropriate or available for use in other locations. Users accessing Ballistic Media websites and services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ballistic Media without restriction. .
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Australia, Australia. You expressly consent to the personal and exclusive jurisdiction and venue of the state and courts located in South Australia, Australia, for any claim or action arising out of or relating to these Terms of Use or Your use of the CGSociety Services, Ballistic Media websites or services.
Miscellaneous
If any provision of these Terms of Use is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms of Use will not be affected. No delay or failure by Ballistic Media to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. All Ballistic Media websites and services shall be deemed solely based in South Australia; and All Ballistic Media websites shall be deemed a passive website that does not give rise to personal jurisdiction over Ballistic Media, either specific or general, in jurisdictions other than South Australia. Your use of any Ballistic Media websites or services following any amendment of these Terms of Service will signify your assent to and acceptance of the revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO any CGSociety Services, Ballistic Media websites or services MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Digital Millennium Copyright Act Notice
Ballistic Media has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Ballistic Medias Designated Agent to Receive Notification of Claimed Infringement (�Designated Agent�) is listed at the end of this policy.
It is Ballistic Medias policy to
- block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and
- remove and discontinue service to offenders that it believes to have knowingly copied and distributed material in violation of or against the wishes of the legal owners of said material
- remove or block repeat offenders.
- Procedure for Reporting Copyright Infringements
- If You believe that content residing on or accessible through the Ballistic Media web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below
-
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Ballistic Media is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
- It is Ballistic Medias policy:
-
- to remove or disable access to the infringing content;
- to notify the content provider, member or user that it has removed or disabled access to the content; and
- that repeat offenders will have the infringing content removed from the system and that Ballistic Media will terminate such content provider�s, member�s or user�s access to the service.
- Procedure to Supply a Counter-Notice to the Designated Agent
- If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner�s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below
-
- A physical or electronic signature of the content provider, member or user;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Content provider�s, member�s or user�s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider�s, member�s or user�s address is located, or if the Content provider�s, member�s or user�s address is located outside the United States, for any judicial district in which Ballistic Media is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Ballistic Media may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ballistic Media�s discretion.
Designated Agent to Receive Notification of Claimed Infringement: Andrew Plumer 134 Gilbert St. Adelaide, South Australia, 5000, Australia. mailto:abuse@ballisticmedia.net
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