The 3DFS Corporation Web Site (the “Site”) is an online information website provided by 3DFS Corporation, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. 3DFS Corporation MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The content on this Site is protected by international copyright and trademark laws. The owner of the copyrights and trademarks are 3DFS Corporation, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to 3DFS Corporation a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to 3DFS Corporation by all means and in any media now known or hereafter developed. You also grant to 3DFS Corporation the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against 3DFS Corporation for any alleged or actual infringement or misappropriation of any proprietary right in your communications to 3DFS Corporation.
3DFS ™, and/or any other names of 3DFS Corporation or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of 3DFS Corporation. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by 3DFS Corporation, 3DFS Corporation does not operate, control or endorse any information, products or services on the Internet in any way. Except for 3DFS Corporation- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with 3DFS Corporation. You also understand that 3DFS Corporation cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. 3DFS Corporation PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). 3DFS Corporation DOES NOT WARRANT THAT THE SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
You agree to indemnify, defend and hold harmless 3DFS Corporation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
LIMITATION OF LIABILITY IN NO EVENT WILL 3DFS Corporation BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, 3DFS Corporation’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 3DFS Corporation makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-3DFS Corporation Web site, please understand that it is independent from 3DFS Corporation, and that 3DFS Corporation has no control over the content on that Web site. In addition, a link to a 3DFS Corporation Web site does not mean that 3DFS Corporation endorses or accepts any responsibility for the content, or the use, of such Web site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of 3DFS Corporation and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be performed in North Carolina. You agree that any legal action or proceeding between 3DFS Corporation and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maryland. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 3DFS Corporation’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. 3DFS Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of 3DFS Corporation. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
3DFS Corporation Consulting / 3DFS Corporation (“3DFS Corporation”) has a strong commitment to providing excellent service to all of our customers and visitors of this web site, incl3DFS Corporationing respecting your concerns about privacy. For this reason, 3DFS Corporation has prepared this privacy statement (“Privacy Statement”). If you would like to contact us regarding this Privacy Statement, please send us an email to info@3DFS.com.
Browsing this Web Site
Visitors who browse this web site do so on an anonymous basis. If you do nothing during your visit but browse through this web site, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:
1. The Internet domain (for example, “xcompany.com” if you use a private Internet access account) and IP address (an IP address is a number that is automatically assigned to your computer whenever you access the Internet) from which you access this web site;
2. The type of browser and operating system used to access this web site;
3. The date and time of access;
4. The particular web pages accessed; and
5. If you linked to this web site from another website, the address of that other web site.
We use this information to help us make our web site more useful to visitors, to learn about the number of visitors to our web site and the types of technology our visitors use. We do not track or record information about individuals and their visits without their consent. This means that, unless you voluntarily and knowingly provide us with personal information, 3DFS Corporation will not know your identity, your e-mail address, or any other information personally identifiable to you.Employment
If you choose to apply for employment online, you will be required to provide us certain personal information, such as your name, street address, telephone number and e-mail address. Any such information we receive will not be used for any other purpose.Children’s Privacy
This web site is not intended for children and we do not knowingly solicit or collect personally identifiable information from children. Securing Your Information
The 3DFS Corporation Companies treat the information you provide to us as confidential information. We use the same methods and procedures to protect such confidential information as we do to protect our own confidential information. If you submit information to the 3DFS Corporation Companies through this web site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to personal information vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements. Information collected on this web site is covered by this Privacy Statement.Disclosure of Information to Third Parties
Periodically, the 3DFS Corporation Companies may send you information regarding products or services through direct mailings or e-mails. It is our intention to only send you communications that you want to receive. At any time, you may notify us that you want to “opt-out” and not receive any such tangible or electronic communications by providing your name, postal and e-mail addresses to us at info@3DFS.com , and in any event clearly stating in your communication that you wish to “opt-out” from receiving such information. In addition, if you subscribe for any 3DFS Corporation e-mail newsletter you will find instructions on how to unsubscribe at the bottom of such newsletters. Otherwise, we may periodically contact you via e-mail and provide information about our special offers and promotions that may be of interest to you. Every time you receive an e-mail from us about special offers or promotions you will be provided the choice to opt-out of future e-mails. Please note that even if you opt-out of receiving future marketing materials from the 3DFS Corporation Companies, we are still permitted to contact you for business related purposes.External Web Sites
From time to time this Privacy Statement may be changed by 3DFS Corporation, without notice. However, any such changes will be promptly reflected on this web site, so that you will always know what information we collect, how we might use such information and whether we will disclose such information to any person or entity other than the 3DFS Corporation Companies.