In addition, when using particular Active applications, web sites or services, you and Active shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by accessing and using the Active Applications and services. If you do not agree to these TOU, do not access and use the Active Applications and services.
1. PERMITTED USE. Subject to these TOU, Active hereby grants you the right to access and use the Active Applications. Unless otherwise specified herein, or agreed-upon by Active, the Active Applications are for your personal, non-commercial use only. Active retains all rights with respect to the Active Applications except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on the Active Applications unless specifically authorized in writing by Active to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Active Applications. Such framing is strictly prohibited under this Agreement. The content and software on the Active Applications are the proprietary property of Active and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. Online Printstore, onlineprintstore.com and corporateprint.com are trademarks of Active. Active and BrandKit are service marks of Active. The names of actual companies and products listed on the Active Applications may be the trademarks of their respective owners.
2. LINKS TO THIRD PARTY SITES. The Active Applications may contain links or produce search results that reference links to third party web sites ("Linked Sites"). Active has no control over these Linked Sites or the content within them. Active cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Active does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. In addition, the Active Applications contains functionality which enables you to directly link to Linked Sites. By using the Active Applications to search for or link to another site, whether directly or indirectly, you agree and understand that any and all such use is entirely at your own risk, and that you may not make any claim against Active for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site is contained within the Active Applications, please contact us and we will investigate the link and take appropriate action.
3.NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Active Applications, you warrant to Active that you will not use the Active Applications for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Active Applications in any manner which could damage, disable, overburden, or impair the Active Applications or interfere with any other party's use of the Active Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Active Applications.
4. USE OF ACTIVE COMMUNITY SERVICES. If you participate in any chat rooms, bulletin boards, or other forum (collectively "Community Services") within the Applications, you agree that any information, including without limitation discussion posts, chat posts, web links, advertisements, articles, white papers, and reviews, posted by you:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child or other pornography;
(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for Active, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and
(i) shall not link directly or indirectly to links you do not have a right to link to or include.
Active has no obligation to monitor the Community Services. However, Active reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. Active reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. Active does not control or endorse the content, messages, or information found in any Community Service, and, therefore, Active expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.
Active reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Active' sole discretion.
6. OWNERSHIP OF SUBMITTED CONTENT. Except with respect to "Customer Content" as set forth below, you agree that any and all information and content that you provide to the Active Applications becomes the exclusive property of Active, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Active upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights. Notwithstanding the foregoing, the ownership of, and the rights of the respective parties regarding, any content provided by you to Active that is defined as "Customer Content" in any applicable sales agreement that may be executed between you and Active, shall be in accordance with the terms of such sales agreement.
7. WARRANTY DISCLAIMER. Active does not promise that the Active Applications will be error-free, uninterrupted, nor that the Active Applications will provide specific results from your use of any content, search or link on them. The Active Applications and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. Active does not warrant or represent that files you download or use from the Active Applications will be free of viruses or other harmful features. ACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ACTIVE, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ACTIVE APPLICATIONS. IN NO EVENT SHALL ACTIVE'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF ACTIVE'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE ACTIVE APPLICATIONS EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO ACTIVE FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).
WITHOUT LIMITING THE FOREGOING, COPYING OR REPREDUCTION OF THE ACTIVE APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION OR REDISTIRBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
ACTIVE MAY MAKE AVAILABLE, AS PART OF THE ACTIVE APPLICATIONS, CERTAIN TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ACTIVE DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR OTHER ASSURANCES OF ANY NATURE WHATSOEVER REGARDING SUCH TOOLS AND UTILITIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM ANY USE THEREOF.
9. ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Active Applications in accordance with these TOU.
10. INDEMNITY. You agree to indemnify and hold Active and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. Active respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Active Applications has been copied in such a way as to constitute copyright infringement, please contact our Designated Agent below:
12. GENERAL. This Agreement shall be governed in all respects by the laws of the State of Illinois without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Illinois, County of Cook and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Active may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Active's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.