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Conditions of Use
The Classic Archives operates this Site to provide online access to
information about The Classic Archives and the products, services, and
opportunities we provide (the “Service”). By
accessing and using this Site, you agree to each of the terms and conditions
set forth herein (“Terms of Use”). Additional terms and conditions
applicable to specific areas of this Site or to particular content or
transactions are also posted in particular areas of the Site and, together
with these Terms of Use, govern your use of those areas, content or
transactions. These Terms of Use, together with applicable additional terms
and conditions, are referred to as this “Agreement.”
The Classic Archives reserves the right to modify this Agreement at any time
without giving you prior notice. Your use of the Site following any such
modification constitutes your agreement to follow and be bound by the
Agreement as modified. The last date these Terms of Use were revised is set
forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images
and/or other works that you see, hear or otherwise experience on the Site
(singly or collectively, the “Content”) solely for your non-commercial,
personal purposes and/or to learn about our products and services. No right,
title or interest in any Content is transferred to you, whether as a result
of downloading such Content or otherwise. We reserves complete title and
full intellectual property rights in all Content. Except as expressly
authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or derive another work from any Content obtained from the Site or
the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright
laws, and belong to The Classic Archives or its partners, affiliates,
contributors or third parties. The copyrights in the Content are owned by
The Classic Archives or other copyright owners who have authorized their use
on the Site. You may download and reprint Content for non-commercial,
non-public, personal use only (If you are browsing this Site as an employee
or member of any business or organization, you may download and reprint
Content only for educational or other non-commercial purposes within your
business or organization, except as otherwise permitted by The Classic
Archives). With the exception of the Sample Images, you may not manipulate
or alter in any way images or other Content on the Site.
2.1 Sample Pictures
The Classic Archives has included Sample Pictures on certain pages within
the Site, to provide you with a better look at our products. You may
download, reprint and manipulate the Sample Images for this purpose, but you
may not use the image for commercial purposes.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout
the Site without permission from the trademark owner, except as permitted by
applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided
solely as a convenience to you. If you use these links, you will leave the
Site. Such links do not constitute or imply an endorsement, sponsorship, or
recommendation by The Classic Archives of the third party, the third-party
web site, or the information contained therein. The Classic Archives is not
responsible for the availability of any such web sites. The Classic Archives
is not responsible or liable for any such web site or the content thereon.
If you use the links to the web sites of The Classic Archives affiliates or
service providers, you will leave the Site, and will be subject to the terms
of use and privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you may do so. Unless specifically
authorized by The Classic Archives, you may not connect “deep links” to the
Site, i.e, create links to this site that bypass the home page or other
parts of the Site. You may not mirror or frame the home page or any other
pages of this Site on any other web site or web page.
6. Downloading Files
The Classic Archives makes every effort to insure the site is kept virus and
infection free and runs regular virus scans. However we cannot and do
not guarantee or warrant that files available for downloading through the
Site will be free of infection by software viruses or other harmful computer
code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of
The Classic Archives and/or its licensors. Use of such software is governed
by the terms of the end user license agreement that accompanies or is
included with the software. Downloading, installing, and/or using any such
software indicates your acceptance of the terms of the end user license
agreement. The Classic Archives will not accept liability for any
damages to your system that arise from using such software.
8. Disclaimer of Warranties
The Classic Archives MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE
CONTENT. THE CLASSIC ARCHIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE
CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE
SITE. THE CLASSIC ARCHIVES DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY
THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE CLASSIC
ARCHIVES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR
THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND
THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL THE CLASSIC ARCHIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF
OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY
TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE
SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE,
THE SERVICE, OR THE CONTENT, EVEN IF THE CLASSIC ARCHIVES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE,
THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
10. Indemnification
You understand and agree that you are personally responsible for your
behavior on the Site. You agree to indemnify, defend and hold harmless The
Classic Archives, its parent companies, subsidiaries, affiliated companies,
joint venturers, business partners, licensors, employees, agents, and any
third-party information providers to the Service from and against all
claims, losses, expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages), and
reasonable attorneys’ fees, resulting from or arising out of your use,
misuse, or inability to use the Site, the Service, or the Content, or any
violation by you of this Agreement.
11. Privacy
Click
here to see The Classic Archives's Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take
any action that might compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site or the Content.
You agree not to add to, subtract from, or otherwise modify the Content, or
to attempt to access any Content that is not intended for you. You agree not
to use the Site in any manner that might interfere with the rights of third
parties.
13. Unsolicited Idea Submission Policy.
The Classic Archives or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns, marketing
strategies, new or improved products, technologies, services, processes,
materials, or new product names. We have found this policy necessary in
order to avoid misunderstandings should The Classic Archives’s business
activities bear coincidental similarities with one or more of the thousands
of unsolicited ideas offered to us. Please do not send your unsolicited
ideas to The Classic Archives or anyone at The Classic Archives. If, in
spite of our request that you not send us your ideas, you still send them,
then regardless of what your posting, email, letter, or other transmission
may say, (1) your idea will automatically become the property of The Classic
Archives, without any compensation to you; (2) The Classic Archives will
have no obligation to return your idea to you or respond to you in any way;
(3) The Classic Archives will have no obligation to keep your idea
confidential; and (4) The Classic Archives may use your idea for any purpose
whatsoever, including giving your idea to others.
However, The Classic Archives does welcome feedback regarding many areas of
The Classic Archives’s existing businesses that will help satisfy customer’s
needs, and feedback can be provided through the many listed contact areas on
the Site. Any feedback you provide shall be deemed a Submission under the
terms in the User Supplied Information section above.
14. User Supplied Information
The Classic Archives does not want to receive confidential or proprietary
information from you via the Site. You agree that any material, information,
or data you transmit to us or post to the Site (each a “Submission or
collectively “Submissions”) will be considered non confidential and non
proprietary. For all Submissions, (1) you guarantee to us that you have the
legal right to post the Submission and that it will not violate any law or
the rights of any person or entity, and (2) you give The Classic Archives
the royalty-free, irrevocable, perpetual, worldwide right to use,
distribute, display and create derivative works from the Submission, in any
and all media, in any manner, in whole or in part, without any restriction
or responsibilities to you.
15. Password Security
If you register to become a TheClassicArchives.com member, you are
responsible for maintaining the confidentiality of your member
identification and password information, and for restricting access to your
computer. You agree to accept responsibility for all activities that occur
under your member identification and password.
16. General Provisions
a. Entire Agreement/No Waiver. These Terms
of Use constitute the entire agreement of the parties with respect to the
subject matter hereof. No waiver by The Classic Archives of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
b. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies
and may not be complete or current. The Classic Archives therefore reserves
the right to correct any errors, inaccuracies or omissions and to change or
update the Content at any time without prior notice. The Classic Archives
does not, however, guarantee that any errors, inaccuracies or omissions will
be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not impact any other
provision of this Agreement, all of which will remain in full force and
effect. Any and all disputes relating to this Agreement, The Classic
Archives’s Privacy Policy, your use of the Site, any other The Classic
Archives web site, the Service, or the Content are governed by, and will be
interpreted in accordance with, the laws of the State of New York, without
regard to any conflict of laws provisions.
d. Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See our
Notice and Procedure for Making Claims of Copyright Infringement .
© Copyright 2007-2008, The Classic Archives.
All rights reserved.
Date of Last Modification: November 20, 2007
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