ACCEPTANCE OF TERMS OF USE
David Kazmer ("DK") makes this Web Site (the "Site"), including all information, documents, communications, files, text, graphics, software, and other content available through the Site (collectively, the "Materials") available for your use subject to the terms and conditions set henceforth. By accessing or using this Site in any way, including, without limitation, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
DK reserves the right to change the Terms of Use and other guidelines or rules posted on the Site. Your continued use of the Site, or any Materials accessible through it, after such notice has been posted constitutes your acceptance of the changes. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
Use of Materials. The Materials on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent, and/or other intellectual
property laws, and any unauthorized use of the Materials at this Site may violate
such laws and the Terms of Use. Except as expressly provided herein, DK does not
grant any express or implied rights to use the Materials. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute,
license, sublicense, reverse engineer, or create derivative works based on the Site
and related Materials. In addition, you agree not to use any data mining, robots,
or similar data gathering and extraction methods in connection with the Site.
Use of Software. The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of DK. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of this license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site where not expressly provided.
Use of Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Content and User Content available on this Site subject to the following conditions:
1. The Content and User Content may be used solely for personal, informational,
and internal purposes.
2. The Content and User Content may not be modified or altered in any way.
3. The Content and User Content on the Site may not be distributed or sold, rented,
leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the
Content and User Content.
5. DK reserves the right to revoke the authorization to view, download, and print
the Content and User Content available on this Site at any time, and any such use
shall be discontinued immediately upon notice from DK.
6. The rights granted to you constitute a license and not a transfer of title.
IMPORTANT EXCEPTIONS: Various sections of the Site are sourced from copyrighted materials, which have been purchased and referenced for instruction purposes. Similarly, it is anticipated that content derived from student work will likewise be provided with permission. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
USER CONDUCT
In using the Site, including all Materials available through it, you agree:
1. not to disrupt or interfere with distribution of the provided Materials to other
students;
2. not to modify or intentionally falsify the provided Materials;
3. not to copy, republish, frame, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer, or create derivative
works based on the Site and related Materials
WARRANTIES AND DISCLAIMERS
All Materials accessible through this Site are provided "as is" without warranty
of any kind, either express or implied, including, but not limited to, the implied
warranties of merchantability or fitness for a particular purpose, or the warranty
of non-infringement. Without limiting the foregoing, DK makes no warranty that (i)
the Materials are intended for any purpose or will meet your requirements; (ii)
the Materials will be uninterrupted, timely, secure, or error-free; (iii) the results
that may be obtained from the use of the Materials will be effective, accurate,
or reliable; (iv) any errors in the Materials obtained from or used through the
Site, or any defects in the Site or its Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. DK may make changes to the Materials at this Site at any time without notice. The Materials at this Site may be out of date, and DK makes no commitment to update such Materials.
The use of the Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. DK assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Materials offered through the Site. No advice or information, whether oral or written, obtained by you from DK or through or from the Site shall create any warranty not expressly stated in the terms of use.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days.
INTERNATIONAL USERS
The Site is controlled, operated, and administered by DK from offices within the
United States of America. DK makes no representation that the Site is appropriate
or available for use at other locations outside the United States, and access to
the Site from territories where the Site or any of its Materials are illegal is
prohibited. If you access the Site from a location outside the United States, you
are responsible for compliance with all local laws.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall DK be liable to you
or any third party for any special, punitive, incidental, indirect, or consequential
damages of any kind, or any damages whatsoever, including, without limitation, those
resulting from loss of use, data, or profits, whether or not adobe has been advised
of the possibility of such damages, and on any theory of liability, arising out
of or in connection with the use of or the inability to use this Site or Materials,
the statements or actions of any third party on or through the Site, any dealings
with vendors or other third parties, any unauthorized access to or alteration of
your transmissions or data, any information that is sent or received or not sent
or received, any failure to store or loss of data, files, or other content available
through the Site that are delayed or interrupted, or any web Site referenced or
linked to from this Site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
INDEMNITY AND LIABILITY
You agree to indemnify and hold DK harmless from any claim or demand arising out
of Materials available through the Site.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
DK will, in appropriate circumstances, modify Materials as appropriate to preserve
the intellectual property rights of others. If you believe that your work has been
used or copied in a way that constitutes copyright infringement and such infringement
is occurring on this Site or on Sites linked to from this Site, please provide a
Notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed
and identification of what material in such work(s) is claimed to be infringing
and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on
the DK Site;
4. information sufficient to permit DK to contact you, such as your physical address,
telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material
identified in your Notice in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act on the
copyright owner's behalf.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted
on the Site constitute the entire agreement between DK and you with respect to your
use of the Site. If for any reason a court of competent jurisdiction finds any provision
of the Terms of Use, or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder of the Terms of Use shall
continue in full force and effect. Any failure by DK to enforce or exercise any
provision of the Terms of Use or related right shall not constitute a waiver of
that right or provision. The section titles used in the Terms of Use are purely
for convenience and carry with them no legal or contractual effect.