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TERMS OF USE

GENERALITY

This web site, including any portion of this web site accessible through the homepage, is published and maintained by MALTESTE.COM. This document is a legal contract and by using the Website you agree to be bound, without limitation or qualification, to the terms of use set forth below.

MALTESTE reserves the right to edit these Terms of Use at any time by updating this posting. By continuing to use the Website after MALTESTE publishes changes, you agree to be bound by such changes. MALTESTE recommends that you periodically visit this page to review the then current Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use this Website. 

USAGE 

This Website is only for your personal use. As long as you comply with these Terms of Use, MALTESTE grants to you a non-exclusive, non-transferable, non-sub licensable, limited right to enter, display and use the Website. 

You agree that your use of the Website will comply with any and all applicable laws. In addition, you agree not to take any steps in connection with your use of the Website that could adversely affect MALTESTE

MALTESTE may take any action that it deems appropriate if it determines, that you have violated these Terms of Use. Such action may include termination of your license to access the Website or initiation of civil or criminal legal proceedings. Under these circumstances, MALTESTE may also investigate your use of the Website and provide information about your use to law enforcement.

COPYRIGHT / PROPERTY RIGHTS

Copyright:

All materials on the Website, including but not limited to images, software, audio, text, data compilations, digital downloads and video clips (collectively, the “Content”) are protected by copyright under U.S. and Canadian copyright laws, international conventions and other copyright laws. All Content is owned or licensed by MALTESTE or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:

The trademarks, logos, service marks, trade names, product names and slogans displayed on the Website are registered and unregistered marks of MALTESTE, MALTESTE Inc. or third parties (collectively, the “Trademarks”). Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written permission of MALTESTE or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of this Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

COPYRIGHT BREACH

If you believe in good faith that your copyrighted work has been reproduced on or linked to the Website without authorization in a way that constitutes copyright infringement, please communicate with MALTESTE from the following link

Upon receipt of such a notice of claimed infringement, MALTESTE will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of Canada, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others. 

LOGIN / PASSWORDS

Certain areas of this Website may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MALTESTE of any unauthorized use of your password or account or any other breach of security that you become aware of. MALTESTE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If MALTESTE requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to MALTESTE changes, you agree to promptly provide MALTESTE with updated information.

USE OF COMPUTER PROGRAM

Any software that is available on this Website (“Software”) is the copyrighted work of MALTESTE, its affiliated companies and/or their respective licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, MALTESTE, ITS AFFILIATE COMPANIES, AND THEIR LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

CORRESPONDENCE / COMMUNICATIONS

User Communications:

Other than Personal Information, which is defined and covered in the MALTESTE’ online Privacy Policy, any material, information or other communication you send or post to this Website (“Communications”) will be considered non-confidential and non-proprietary. MALTESTE will have no obligations with respect to the Communications. 

By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Website, you understand and agree that you are giving MALTESTE a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that MALTESTE has no obligation to use any idea or material contained in a Communication and you have no right to compel such use. 

You agree that none of your Communications will include material that:

Is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;

Expresses or implies that any statements you make are endorsed by MALTESTE;

Could interfere with anyone else’s use of the Website; 

Encourages or incites anyone to break the law; 

Violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person; 

Contains a commercial solicitation of any kind;

Contains a virus or any other harmful or potentially harmful component; or 

Contains false or misleading statements of fact or descriptions of the origin of the material.

Although you are solely responsible for the content you provide, MALTESTE may, but is not required to, monitor Communications. If MALTESTE becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, MALTESTE may, without notice to you and in its sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these Terms of Use or as it otherwise sees fit.

Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Website may be read or intercepted by others. By sending Communications to MALTESTE, you release MALTESTE of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication. 

Unsolicited Ideas:

MALTESTE and its affiliates (collectively, the “MALTESTE Group of Companies”) have been actively engaged in research and development in persified graphic art and business areas for many years. In order to protect the interests of the MALTESTE Group of Companies in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, MALTESTE does not solicit ideas, inventions, and the like or agrees to receive any confidential information from persons or entities outside the MALTESTE Group of Companies. MALTESTE maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Unsolicited Ideas”) and therefore you should not submit any Unsolicited Idea to MALTESTE in any Communications through this Website or otherwise. MALTESTE does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, MALTESTE strongly recommends that you first consult a lawyer in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send MALTESTE an Unsolicited Idea that is not already protected by a patent or is not public information, it immediately becomes the property of MALTESTE. By submitting an Unsolicited Idea to MALTESTE, you agree to convey your ownership interest in the Unsolicited Idea to MALTESTE and that MALTESTE will exclusively own all rights, title and interest therein. Furthermore, MALTESTE will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. MALTESTE will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future MALTESTE uses or activities. 

AGENCY / THIRD PARTY

Mention of third party products, companies and web sites on this Website is for informational purposes only and constitutes neither an endorsement nor a recommendation. MALTESTE makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and MALTESTE is not responsible for the content of any site linked to or from this Website. Links from this Website to any other site do not mean that MALTESTE approves, or endorses or recommends that site. MALTESTE disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

PROMOTIONS / CONTESTS

This Website may contain contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see MALTESTE’ online Privacy Policy

 

KIDS UNDER THE AGE OF 13

This Website is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable laws. 

MERCHANDISES / SERVICES

The products and services displayed on this Website are intended for sale for all countries.

WEBSITE INFORMATION REGARDING MALTESTE PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS (A) MAY NOT BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE AND (B) IS SUBJECT TO CHANGE OR CORRECTION WITHOUT NOTICE AT ANY TIME.

RESPONSIBILITY / DISCLAIMER

YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. 

MALTESTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE; (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE WEBSITE; (3) THAT MALTESTE WILL CONTINUE TO PROVIDE THE WEBSITE OR, IF IT DOES CONTINUE TO PROVIDE THE WEBSITE, THAT THE WEBSITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE WEBSITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE WEBSITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE WEBSITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND MALTESTE CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. MALTESTE THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE WEBSITE. BECAUSE ACCESSING THE WEBSITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO MALTESTE’S NEGLIGENCE OR GROSS NEGLIGENCE, WILL MALTESTE OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF MALTESTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, 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 OR CONDITIONS.

MALTESTE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. MALTESTE ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL MALTESTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

COMPENSATION

You agree to indemnify, defend and hold MALTESTE and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliates, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation lawyer’s fees and costs), incurred by the Indemnified Parties in connection with your use of the Website or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in MALTESTE’s defense of any such claim. You agree that MALTESTE shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that MALTESTE, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving MALTESTE, whether or not the settlement binds or is on behalf of MALTESTE, without the written consent of MALTESTE.

REVOCATION

MALTESTE may terminate these Terms of Use and/or suspend or terminate your access to the Website for any reason at any time without notice to you. If you wish to discontinue your access to the Website and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.

Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us in your Communications are perpetual, these licenses survive any termination of this agreement.

LAWS / EXECUTORY

This Website is administered by MALTESTE from its offices in Montréal, Canada and is intended for use by all peoples from all countries.

These Terms of Use are governed and interpreted under the laws of the Province of Québec. You agree that any claim or dispute against MALTESTE arising out of or relating to the use of this Website must be resolved by a court located in Québec unless otherwise agreed upon by all parties. 

COMPLETE AGREEMENT

These Terms of Use and MALTESTE’s Website Privacy Policy which are incorporated herein by reference, set forth the entire understanding and agreement between you and MALTESTE with respect to the Website. You acknowledge that any other agreements between you and MALTESTE with respect to the Website are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any inpidual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions. No amendment of these Terms of Use, unless made by MALTESTE, shall be binding on MALTESTE unless the express prior written consent of MALTESTE is obtained, such consent to be signed by a senior executive of MALTESTE and specifically referencing these Terms of Use.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. 

© MALTESTE., 2010. All rights reserved. Reproduction in whole or in part without permission is prohibited.