Terms and Conditions
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 Mediaâ��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>
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.
The CGSociety Services enables you to make content available to other users and to the general public. The content is referred to as â��User Submissions .â��. 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 Mediaâ��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 itâ��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.
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.
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.
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.
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. .
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 (â��Designated Agentâ��) 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 providerâ��s, memberâ��s or userâ��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 ownerâ��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 providerâ��s, memberâ��s or userâ��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 providerâ��s, memberâ��s or userâ��s address is located, or if the Content providerâ��s, memberâ��s or userâ��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 Mediaâ��s discretion.
Designated Agent to Receive Notification of Claimed Infringement: Andrew Plumer 134 Gilbert St. Adelaide, South Australia, 5000, Australia. mailto:email@example.com