ProPoint Graphics, LLC (herein “ProPoint Graphics”) maintains this site (the “Site”) for your personal use and information. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without ProPoint Graphics’s written permission.
Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and ProPoint Graphics are superseded and of no force or effect. ProPoint Graphics may, in its sole discretion, immediately terminate your right to use the Site if it finds that you have failed to comply with any provision of these Terms and Conditions or if it believes, in its sole discretion, that you have in any way abused your right to use the Site. ProPoint Graphics shall not be liable to you or to any third party for any claim or cause of action arising out of such termination.
ProPoint Graphics’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ProPoint Graphics in writing.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of ProPoint Graphics. ProPoint Graphics neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ProPoint Graphics.
Images of people or places displayed on the Site are either the property of, or used with permission by, ProPoint Graphics. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of ProPoint Graphics and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ProPoint Graphics or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ProPoint Graphics will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
3. User Obligations
In exchange for your use of the Site, you agree to: (i) not to use the Site for any illegal purpose; (ii) not to interfere with or disrupt networks connected to the Site; and (iii) to comply with all regulations, policies and procedures of such networks.
While ProPoint Graphics uses reasonable efforts to include accurate and up to date information in the Site, ProPoint Graphics makes no warranties or representations as to its accuracy. ProPoint Graphics assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither ProPoint Graphics nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ProPoint Graphics also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
You agree to indemnify and hold ProPoint Graphics, its parents, subsidiaries and affiliates, and their respective owners, officers, employees and agents harmless from and against any third party claim or demand, including reasonable attorneys’ fees, arising out of your use of the Site, your violation of this these Terms and Conditions or your infringement (or the infringement by another user who accesses the Site using your computer equipment) of any intellectual property or other right of any person.
7. Linked Sites
ProPoint Graphics has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Site Modifications
ProPoint Graphics reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the Site at any time, with or without notice to you. ProPoint Graphics also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. ProPoint Graphics shall not be liable to you or any third party for any claim or cause of action arising out of ProPoint Graphics’s exercise of the foregoing rights.
9. Policy Modifications
ProPoint Graphics may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
11. Jurisdiction and Venue
Any legal action brought against ProPoint Graphics shall be governed by the laws of New York State. The sole jurisdiction and venue for any litigation arising from the use of the ProPoint Graphics web sites or service shall be an appropriate federal or state court located in New York City, New York.
12. Contacting ProPoint Graphics
If you have any questions about these Terms and Conditions, please contact us via http://www.propointgraphics.com/contact/.