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Terms of Use


Terms of Use

TERMS OF USE

 

 

These Terms of Use (“Terms of Use”) constitute a binding contract between you (“Customer” or “user” or “you”) and Maxon Computer, Inc. (“Company”), regarding the terms under which the Company will provide you with access to PluginCafe (“PluginCafe” or “website”).

 

BY CLICKING ACCEPT ON THE “RULES AND POLICIES AGREEMENT”ON PLUGINCAFE WHEN CREATING AN ACCOUNT, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF USE(“Acceptance”). Customer agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Customer. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference.

TERMINOLOGY

  • “Project Files” - refers to any files (Cinema 4D project files, documents, images, audio files, and so on) that may be provided.
  • “Services” - means the website, and its entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the content, the Project Files, and any documentation pertaining to the foregoing).
  • “Customer” - also referred to as “Member”, refers to an individual/entity/organization/institution that has the right to access the website. A Customer must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Customer resides (and if a minor, have the permission of a parent or legal guardian), and possess the legal right and ability to enter into binding contracts.
  • “Virus” - means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
  • “Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located www.plugincafe.com (or such other web address notified by the Company to Customers at any time), and includes the entirety of the website.

INFORMATION ABOUT THE COMPANY

Maxon Computer, Inc. is a Nevada corporation headquartered at 2640 Lavery Court, Suite A, Newbury Park, CA 91320.

WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS

Subject to these Terms of Use, Customer will be granted a limited, non-exclusive, revocable, and non-transferable right to access the website. By agreeing to grant such access, the Company does not obligate itself to maintain the website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and convert a Customer to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Customer’s use of the Services and on reasonable prior notice to Customer (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).

 

Customer agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Customers and other users of the website, which rules and regulations are hereby incorporated into these Terms of Use by this reference. The Company reserves the right to deny a Customer and/or an Authorized End User access to the site, in the Company’s sole discretion, Customer and/or Authorized End User has failed to abide by these Terms of Use or appear likely to do so.

 

Customer accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use. Customer promises, acknowledges, and agrees that:

  • Access privileges may not be transferred to any third-parties;
  • It will not access, store, distribute or transmit any Viruses;
  • It will comply with all applicable laws and regulations with respect to use of the Services;
  • It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
  • It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
  • It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
  • It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the website or contained in the Services;
  • It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
  • It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

AVAILABILITY OF WEBSITE

Customer recognizes that the traffic of data through the Internet may cause delays during the download of information from the website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Customer further acknowledges and accepts that the website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the website.

INTELLECTUAL PROPERTY RIGHTS

The Services are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

No right, title or interest in or to the Services or any portion thereof, is transferred to any Customer or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.

 

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Customer may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

COMPANY OBLIGATIONS

The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.

CONFIDENTIALITY

Customer agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Use, the term “Confidential Information” means all portions of the website.

THIRD PARTY LINKS OR INFORMATION

This website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this website does not imply approval or endorsement of the linked website by Company. A Customer that leaves this website to access these third-party sites does so at its own risk.

DISCLAIMERS OF STATEMENTS/WARRANTIES

Customer’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS. COMPANY AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY

COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

INDEMNITY

Customer agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Customer of any representation, warranty, covenant, obligation or duty of Customer under this Agreement.

SURVIVAL

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Use.

CHANGES

Except, for any provisions determining the primary contractual obligations of Customer and Company hereunder, Company has the right to revise and amend these Terms of Use from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Customer’s continued use of any of the Services following the posting of revised Terms of Use means that Customer accepts and agrees to the changes, to the extent permitted by applicable laws.

ASSIGNMENT

Customer may not transfer these Terms of Use, in whole or in part. Company may transfer these Terms of Use and/or subcontract some or all of its obligations hereunder at any time.

INJUNCTIONS

Customer acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Use may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Customer from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.

GOVERNING LAW AND VENUE

These Terms of Use shall be construed and governed by the laws of the State of California, without regard to the principles of conflict of laws thereof. Customer agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of California, County of Ventura, and Customer expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Use (including, but not limited to, any claims of breach of contract, tort, infringement), Customer agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Ventura County, California, and Customer expressly waives any right it may otherwise have to a jury trial. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE AN INDIVIDUAL CUSTOMER RESIDENT IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE.

NOTICES

Legal notices may be sent to info_us@maxon.net (if by email), or to Maxon Computer, Inc. 2640 Lavery Court, Suite A, Newbury Park, CA 91320. Notices to Customer may be sent either to the email address supplied in Customer’s account or to the address supplied by Customer as part of its registration data. In addition, Company may broadcast notices or messages through the website to inform of changes to the website or other matters of importance, and such broadcasts shall constitute notice to Customer to the extent permitted by applicable law. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the website.

FORCE MAJEURE

Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

PRIVACY POLICY AND WEBSITE USE POLICY

Customer agrees to comply with the then-current website Use Policy and Privacy Policy (collectively, the “Policies” and individually, the “Policy”). Company reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Policies are effective immediately upon posting on the website. Customer’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that Customer accepts and agrees to the changes.  In the event of an express conflict between the Terms of Use and the terms of the Policies, the Terms of Use will prevail.

CHILDREN

We are not a site targeted at children or those under the age of 13. For additional information, please see our Privacy Policy.

NO THIRD-PARTY BENEFICIARIES

No person or entity not a party to these Terms of Use will be deemed to be a third-party beneficiary of these Terms of Use or any provision hereof.

SEVERABILITY

If any provision of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

WAIVER AND AMENDMENT

If Company fails to insist upon strict performance of Customer’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Use, this will not constitute a waiver of such rights or remedies and will not relieve Customer from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Customer in writing.

GEOGRAPHIC RESTRICTIONS

Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through website from time-to-time, is subject to United States Export Controls. No Service Functionality from the website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Service Functionality, Customer represents and warrants that it (and its Authorized End Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list. Although the website may be accessible worldwide, Company makes no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.

COMPLETE UNDERSTANDING

These Terms of Use, together with the website Policy and the Privacy Policy, constitute the sole and entire agreement between Customer and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral, with respect to the Services.

 


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