Terms of Use

Terms of Use

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Percy 3DMedia Web Site Terms of Use

Legal Notice

  1. Overview:
    The following terms and conditions apply to all visitors to or users (and all persons that the user represents) of the Percy 3DMedia web site (the home page of which is at www.Percy3D.com) (the “Web Site”). By using the Web Site, you agree to be bound by these terms and conditions, as they may be modified by Percy 3DMedia Inc. (“Percy 3DMedia”) at any time and posted on the Web Site.

    These Terms of Use describe your responsibilities and limitations to Percy 3DMedia’s liability, among other things. The following Terms of Use, and those other terms incorporated by reference, constitute the entire and only agreement existing between you and Percy 3DMedia regarding your use of the Web Site. Agreement to these Terms of Use is required for usage of the Web Site. If you do not agree with any of these terms, then your further use of the Web Site cannot proceed since agreement to these terms by all users is integral to the operation of the Web Site.

  2. Ownership of Contents:
    Except as noted below in section 4, the Web Site and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the "Content" ) are the owned and/or licensed property of Percy 3DMedia. The Content is protected by copyright laws and other Canadian and international laws and treaties.
  3. Access to the Web Site:
    Access to the Web Site is entirely at the sole discretion of Percy 3DMedia. Percy 3DMedia reserves the right to grant or deny access to the Web Site to any person.

    The Content is provided by Percy 3DMedia as a service to its current and prospective customers and may be used only for informational and product demo purposes and provided you retain all copyright and other proprietary notices contained on the Content. No right, title or interest in the Content is conveyed to you. This is a limited license, not a transfer of title to the Content. You may not, directly or indirectly, copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from, sell, license or otherwise exploit the Web Site or any of the Content for any competitive or commercial purpose without the prior written permission of Percy 3DMedia. Any unauthorized copying, alteration, distribution, transmission, display, or other use of the Content is strictly prohibited. At its sole discretion, Percy 3DMedia may revoke this limited license to any person at any time. All rights not expressly granted herein are reserved by Percy 3DMedia.

  4. Trademarks:
    Percy 3DMedia and its affiliated companies retain all rights regarding their trademarks, trade names, brand names, trade dress, and all associated logos and images (collectively, the “Trademarks”). The Trademarks are registered and/or common law trademarks of Percy 3DMedia, and are protected by Canadian and international laws and treaties. No license to the use any of the Trademarks is granted to you under these terms and conditions or by your use of the Web Site. Your misuse of any of the Trademarks displayed on the Web Site (including use of the Trademarks in metatags and/or hidden text) is strictly prohibited. You are also advised that Percy 3DMedia place significant value in these Trademarks and as such will aggressively enforce its intellectual property rights to the fullest extent of the law, including, but not limited to, the seeking of damages and criminal prosecution.

    The Web Site may reference trademarks, trade names, brand names, trade dress and content owned by third parties (“Third Party IP”). The Third Party IP is used by Percy 3DMedia under licence and claim no rights (other than licence rights) to or interest in same.

  5. Linking:
    Periodically, links may be established from the Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Web Site. None of such links should be deemed to imply that Percy 3DMedia endorses the Third Party Sites or any content therein.

    Percy 3DMedia does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Percy 3DMedia will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any of the Third Party Sites.

  6. Internet Safety:
    It is your responsibility to take precautions to ensure that whatever information, including Content you may access or download, is free of viruses, worms, Trojan horses and other items of a destructive nature.
  7. Information Purposes Only:
    The Web Site is intended for information purposes only. The Web Site is not intended to provide legal, educational or other professional advice and should not be relied on in that respect.
  8. Submissions:
    The Web Site allows you to post content and may allow you to upload files, documents or other materials (collectively, “Submissions”). When engaging in the posting, uploading or making Submissions, you shall not: (i) restrict or inhibit any other user from using and enjoying the Web Site, interfere or attempt to interfere with the proper workings of the Web Site or do anything which in the sole discretion of Percy 3DMedia imposes an unreasonable or disproportionately large load on the Percy 3DMedia website infrastructure; (ii) post or transmit any information that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent; (iii) post or transmit any Submission,including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (v) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vi) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (vii) use the Web Site for commercial purposes.
  9. Disclaimer of Warranty:
    Percy 3DMedia does not guarantee the quality, accuracy, completeness, or timeliness of the Content. ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEB SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE WEB SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PERCY 3DMEDIA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH THE WEB SITE OR A LINKED SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCES WILL PERCY 3DMEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
  10. Jurisdiction:
    The Web Site is operated and controlled by Percy 3DMedia from its offices located within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Web Site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use notwithstanding any conflict of laws provisions or your domicile, residence or physical location. The Web Site makes no warranty or representation that any or all Content and/or services provided on or through the Web Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access the Web Site outside of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use (including, but not limited to, a breach thereof), your use of the Web Site, and/or any other proceeding involving the Web Site, either directly or indirectly, without giving effect to any conflict of laws provisions.
  11. Your Communications (Right to Use):
    Percy 3DMedia shall be free to use any comments, descriptions, testimonials, ideas, concepts, knowhow, or techniques contained in any communication you send or provide to Percy 3DMedia for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information (the “Right to Use”). By providing such communication to Percy 3DMedia you expressly and irrevocably convey the Right to Use to Percy 3DMedia without any claim or right to compensation whatsoever.

    Any personally identifiable information you provide to Percy 3DMedia shall be subject to Percy 3DMedia's Privacy Policy.

    You acknowledge and agree that by providing Percy 3DMedia with any personal information through the Web Site, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with Percy 3DMedia’s standard business practices and Privacy Policy. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Percy 3DMedia is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

  12. Limitation of Liability:
    THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE WEB SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PERCY 3DMEDIA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEB SITE AND LINKED SITES. PERCY 3DMEDIA MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEB SITE AND THE SERVICES OFFERED BY THE WEB SITE AT ANY TIME. YOU AGREE THAT PERCY 3DMEDIA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR A LINKED SITE, EVEN IF PERCY 3DMEDIA IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PERCY 3DMEDIA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

    In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

  13. Revisions:
    Percy 3DMedia endeavours to provide current and accurate information on the Web Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Percy 3DMedia cannot guarantee that products and services advertised on the Web Site will be available when ordered or thereafter. Percy 3DMedia does not warrant that the Content including, without limitation, product descriptions or photographs, is accurate or complete. Percy 3DMedia reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Web Site, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Web Site content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
  14. Indemnity
    You agree to defend, indemnify, and hold harmless Percy 3DMedia, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, legal and accounting fees, alleging or resulting from your use of The Web Site or your breach of the terms of these Terms of Use or the documents it incorporates by reference.
  15. Violations of Terms of Use & Termination
    Percy 3DMedia reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block a User and/or access from a particular Internet address to the Web Site, and, if deemed appropriate in Percy 3DMedia’s sole and absolute discretion, contact the appropriate law enforcement agencies. Percy 3DMedia may, in its sole and absolute direction, terminate or suspend your access to all or part of the Web Site at any time, with or without notice to you, for any reason. These Terms of Use shall survive the termination of this agreement between you and Percy 3DMedia, including, but not limited to, all waivers of liability and disclaimers contained herein.
  16. Use of “Cookie” File Feature
    Percy 3DMedia reserves the right to store information on your computer (i.e. the computer you use to access the Web Site) in the form of a “cookie” or similar file for purposes of modifying The Web Site to reflect your preferences. The Web Site’s Privacy Policy [add hyperlink] provides additional information regarding Percy 3DMedia’s use of cookies as well as procedures for disabling cookies.
  17. Login Names and Passwords
    Certain areas and features of the Web Site are accessible only to users who have been issued a login name and password (collectively the “Login Information”) by Percy 3DMedia. For the purposes of accessing the Web Site, the Login Information remain the property of Percy 3DMedia and may be cancelled or suspended at any time by Percy 3DMedia in its discretion without any notice or liability to you or any other person.

    Percy 3DMedia is not under any obligation to verify the actual identity or authority of any person using Login Information to access and use the Web Site. Percy 3DMedia may act upon any communication that is given with the use of Login Information. Percy 3DMedia may in its discretion at any time require proof of the identity of any person seeking to access and use the Web Site, and may deny access to and use of the Web Site or parts of it or refuse to accept or act upon any communication if Percy 3DMedia is not satisfied with such proof.

    If you have been issued Login Information: (a) you are fully responsible and liable for the security of the Login Information and any and all use and misuse of the Login Information; (b) you will keep the Login Information secure and confidential at all times and not disclose the Login Information to any other person or permit any other person to use the Login Information; (c) you will ensure that all uses of the Login Information comply with these Terms of Use; (d) once you have logged-on to the Web Site using the Login Information, you will not leave the computer terminal used to access the Web Site unless and until you have terminated the session and logged-off the Web Site; and (e) you will immediately notify Percy 3DMedia by telephone (416) 642-4304 or email to: solutions@percy3d.com if you know or suspect that any Login Information have been lost or stolen or become known to or used by any other person.

  18. General
    Section headings are provided for convenience of reference and do not constitute part of these Terms of Use. Any references to a particular section of these Terms of Use shall be deemed to include reference to any and all subsections thereof. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by Percy 3DMedia of a breach of any provision of these Terms of Use or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of these Terms of Use shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in these Terms of Use is determined to have failed of its essential purpose, then all other provisions of these Terms of Use, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of these Terms of Use, these Terms of Use will be construed as if drafted jointly by Percy 3DMedia and you and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms of Use.

Last revised: February 1, 2011