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Welcome to the Animated Lighting ("Animated Lighting") website ("Site"). Please read the following terms and conditions regarding the use of the Site before entering or using the Site. By accessing, downloading or using any information, documents, software and products ("Materials") from the Site, you agree to be bound by the terms and conditions ("Terms of Use") that follow. If you do not intend to be bound by such Terms of Use, please do not visit or use the Site.
Use of Site
Animated Lighting authorizes you to view and download the Materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. You may not modify the Materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these Materials on any other website or networked computer environment for any purpose is prohibited. The Materials at this Site are copyrighted and any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
Use of Software
Any software that is made available to download from this Site is the copyrighted work of Animated Lighting and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
Disclaimers
Animated Lighting assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Site. You should not assume that the Materials on this Site are continuously updated or otherwise contain current information. Animated Lighting reserves the right to change the Materials at any time without notice. Mention of non- Animated Lighting products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND ANIMATED LIGHTING ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT AND ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT. ANIMATED LIGHTING DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL ANIMATED LIGHTING OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ANIMATED LIGHTING PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF ANIMATED LIGHTING OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Trademarks
The trademarks, logos and service marks ("Trademarks") displayed on this Site are the property of Animated Lighting or other third parties. You are not permitted to use these Trademarks in any manner, publicly or privately without the prior written consent of Animated Lighting or such third party which owns or may own the Trademarks. Trademarks of Animated Lighting, L.C. include but are not limited to "Animated Lighting," "Monster Brain" and the Animated Lighting logo. The absence of a product or service name or logo from this list does not constitute a waiver of the Trademark or other intellectual property rights of Animated Lighting or other third parties concerning that Trademark.
User Submissions
Animated Lighting does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Animated Lighting will have no obligations with respect to the Communications. Animated Lighting and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Animated Lighting for the purpose of receiving products or services will be handled in accordance with the Animated Lighting Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links to Other Sites
This Site may contain links to websites maintained by third parties. These third party sites are not under the control of Animated Lighting and does not monitor or review the content of such sites. Access to such websites is at your own risk and Animated Lighting is not responsible for the accuracy or reliability of information, data, opinions, advice or statements made on such sites. Animated Lighting provides these links merely as a convenience and the inclusion of such links does not imply in any way an endorsement.
Indemnity
You agree to defend, indemnify and hold Animated Lighting, its affiliates, subsidiaries, directors, officers, shareholders, managers, members, employees and representatives harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Notice by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.
Applicable Laws
This Site is originated from and maintained in the State of Kansas, United States of America and Animated Lighting makes no representations regarding the legality of access to or use of the Site or the content from other countries. Any export or use of content by you must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Access in countries where the content is illegal is strictly prohibited. If you access the Site from outside of the U.S. you do so at your own risk and are responsible for compliance with applicable U.S. export and local country laws.
General
These terms and conditions, including, without limitations, the Animated Lighting Privacy Policy, and other documents referenced herein, constitute the entire agreement between Animated Lighting and you with respect to your use of this Site. Animated Lighting’s failure to insist upon or enforce strict performance of any provision of this Notice does not constitute a waiver of any provision or right. If any of the terms and conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Notice shall be governed by and construed in accordance with the laws of the State of Kansas and the laws of U.S. applicable therein.
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