The following terms and conditions (the “Terms and Conditions”) govern your use of this Website and any content, features or functionality made available from or through this Website, including any subdomains thereof (the “Website”). The Website is made available by Medallion Press, Inc. or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions with regard to its Website. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE.
Proprietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, or materials you may access on or through the Website.
Prohibited Use. All content included, as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, is the property of Crixeo or its subsidiaries and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. You shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or, except as otherwise specifically authorized in these Terms and Conditions or on the Website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Crixeo and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks and others’ and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
Use of communication services. The Website may contain chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services to only post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) ; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Crixeo has no obligation to monitor the Communication Services. However, Crixeo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Crixeo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Crixeo does not control or endorse the content, messages or information found in any Communication Service and, therefore, Crixeo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. You alone are responsible for the content and consequences of any of your activities.
Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Linking to the Website. Unless otherwise specifically indicated in these Terms and Conditions or on the Website, you agree that: (i) if you include a link from any other Website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website; (ii) you are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website; and (iii) you agree not to download or use images hosted on this Website on another Website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website at any time upon written notice to you.
Indemnification. You agree to indemnify, defend and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Third-Party Websites. You may be able to link from the Website to third-party Websites and third-party Websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Crixeo disclaims any liability for links (1) from another Website to this Website and (2) to another Website from this Website. Crixeo cannot guarantee the standards of any Website to which links are provided on this Website nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party Website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for any form of transmission received from any linked Website. Any reliance on the contents of a third-party Website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Applicable Laws. We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
Termination. We may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Illinois, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Illinois, United States of America. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.