TERMS & CONDITIONS
Unless indicated otherwise, all text, photographic images and other graphics, video, audio, design elements, information, links, code, scripts, programming, software, interactive features, and other material and files (collectively, the “Content”) used on or incorporated into this Website are protected by copyright, trademark, or other proprietary rights as the intellectual property of Case Makes, Inc. (the “Company”). Except as expressly provided in this Agreement, or permitted by the Copyright Act or other applicable law, you agree not to copy, download, modify, use, display, publish, transmit, sell, license, reproduce, or distribute, in whole or in part, directly or indirectly, any of the Content of this Website without the prior written consent of the Company in each instance. If permission is granted by the Company to allow third-party use of the Content available through the Website, you further agree to comply with, and keep intact, any copyright notices, trademarks, logos, author attributions, legends, or restrictions contained therein. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Website.
GRANT OF LIMITED LICENSE
Visitors to this Website are granted permission to download or copy Content owned by the Company solely for their own personal, non-commercial use, provided that they preserve and maintain all copyright and other proprietary notices contained in such Content. If you have any question as to whether the Company owns certain Content contained on this Website, please do not download or copy it without first contacting us for clarification.
TRADEMARKS AND SERVICEMARKS
The corporate trademarks and servicemarks of the Company that appear on this Website are the exclusive property of Case Makes, Inc., and no use or other rights are granted with respect to these trademarks without the express, written approval of the Company. Note, however, that any logos, trademarks, or servicemarks of third parties that may also appear on this Website are the exclusive property of their respective owners, and no use or other rights are granted with respect to these trademarks without the express, written approval of the owners of such trademarks and servicemarks.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
If you believe in good faith that any material on our Website infringes on a copyright that you hold, then you (or your agent) may send our Agent for Notice a written request that we remove or block access to the infringing material. For purposes of this provision of the Agreement, the Company’s Agent for Notice can be reached at: firstname.lastname@example.org
Your request to us must include the following information:
- An electronic or graphical signature of the owner or person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Identification of the copyrighted work or other intellectual property that you claim has been infringed upon.
- A description of the location of the material that you claim is infringing, with sufficient detail (such as a direct URL) that we may find it on the Website.
- Your telephone number, mailing address, and email address.
- A statement by you explaining why you believe that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the sole copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
INTERNAL LINKS TO THIRD-PARTY WEBSITES
As a convenience to visitors to our Website, the Company may provide links to non-Case Makes, Inc. websites and resources on the Internet solely for the purpose of directing our visitors to information on topics that they may find useful or of interest. The Company has no control over the content on such third-party websites and is not responsible for the content thereof. The inclusion of any link to such a website does not represent an endorsement or warranty of any third-party website pages or their contents, implicit or explicit, by the Company. If you visit or link to any such off-site pages, you understand and agree that you do so at your own risk.
EXTERNAL LINKS TO THIS WEBSITE
All third-party external links to this Website of the Company must be text-only links, must directly reference Case Makes, Inc. or the relevant Case Makes, Inc. affiliated business, and may not incorporate Case Makes, Inc. registered trademarks or logos without the prior express written permission of the Company. Any such links, when activated, shall display the relevant Case Makes, Inc. Website page within a separate, full, and completely operational browser window. Display of the Website within framed windows is specifically prohibited.
The use, appearance, or other aspects of linking to the Case Makes, Inc. Website shall not create a false or unsubstantiated appearance that non-Case Makes, Inc. entities, goods, or services are associated or affiliated with the third party, nor in any way damage or dilute the goodwill and reputation of Case Makes, Inc. The Company reserves to the right to limit or revoke such permissions to link to its Website at any time and in its sole discretion.
Visitors are strictly prohibited from using this Website and its Content for fraudulent or illegal purposes, or for posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane communications and/or materials or any communications and/or materials that could give rise to civil or criminal liability under law. You agree not to impede or interfere with others’ use of the Website; and you further agree not to disrupt, overwhelm, attack, modify, reverse-engineer, or take any other action that may tamper or interfere in any way with this Website, its associated software or hardware, and the Content thereof, including but not limited to the following:
- the deletion or alteration of any Content posted on our Website by us or a third party;
- the use of any data mining, robots, scraping or other similar means, methods, or technologies for purposes of data gathering or extraction;
- the introduction of any material into the Website that contains viruses, time bombs, trojan horses, worms, cancelbots, denial of service attacks, or other computer programming malware that may damage, interfere with, intercept or expropriate any system, data or information;
- the taking of any action that imposes an unreasonable or disproportionately large load on our hosting servers or Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques;
- the use of the Website directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls, or other methods of commercial solicitations.
NOTICE OF NON-SOLICITATION
The Company, its directors, officers, employees, and agents do not explicitly or implicitly request, accept, or consider any unsolicited ideas from non-Company sources for new products, process or product improvements, business strategies, product names, or other technical or business concepts; nor do we solicit, and do not wish to receive, any confidential, proprietary, or trade secret information, or other business-related material from outside users through this Website or through our mail or email addresses.
By accessing this Website, you agree that any information, comments, suggestions, ideas, concepts, data, files, programs, footage, photographs, or other materials (collectively, the “Unsolicited Materials”) sent to us or posted on the Website will be deemed non-confidential, and the Company shall be free to use such information on an unrestricted basis. You further agree that by submitting, transmitting, posting, or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Materials will become and remain the property of the Company, without limitation. As such, the Company may use and redistribute such submissions without any obligation, accounting, payment, or other recourse to you, your assignees, representatives, heirs or others affiliated with you.
For the use and enjoyment of our visitors, the Company may provide interactive activities on the Website such as user galleries, articles, or blog comment posting areas or bulletin boards (also known as message boards), collectively identified as “Interactive Areas.” You may not use such areas of the Website in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. In addition, you may not use the Website to send, receive, upload, or download messages or files or other materials that we deem inappropriate in any way, in our sole discretion, or that violate our intellectual property rights or the intellectual property rights of others.
If any content posted by users and contributors other than the Company (the “User Content”) is found, in our belief, to be inappropriate, offensive, objectionable, or in violation of applicable intellectual property right considerations, we reserve the right, in our sole discretion, to change, delete, or remove, in part or in full, any postings in Interactive Areas; to terminate or suspend access to such areas; and, if necessary, to cooperate with local, state, and/or federal authorities in complying with applicable law.
Any submissions or postings by visitors to Interactive Areas, without limitation, will be made public and posted in public areas on the Website. The Company, its affiliates, subsidiaries, and all officers, directors, employees, and agents of the Company will not be held responsible for the action of any visitors or third parties with respect to any information, materials, or User Content posted, uploaded, or transmitted in these Interactive Areas. We also reserve the right at any time, in our sole and absolute discretion and for any reason, to delete any User Content that is commercial in nature, and to terminate access to and use of the Website by any user who posts commercial content.
Without limiting anything set out elsewhere in this Agreement, the Company reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability. Furthermore, we may change, suspend, discontinue, or disable all or any aspect of the Website at any time, including the availability of any feature, database, or Content, without prior notice or liability.
This Website has been designed and developed to be accessed through a personal computer or Internet-enabled mobile device that runs the latest release version of any standard, modern browser, including but not limited to Internet Explorer, Firefox, Safari, Opera, and Chrome; and we have made every effort to ensure backward compatibility, as much as is practically possible, with older release versions of such browsers. Nevertheless, the Company makes no representation or warranty, express or implied, that the Website will appear or function correctly in any browser on any computer platform.
In addition, in the design, formatting, and coding of the Website, the Company has made every effort to accommodate users with visual, auditory, motor, and cognitive disabilities, in compliance with the Web Content Accessibility Guidelines (WCAG) as set forth by the W3C’s Web Accessibility Initiative. Nevertheless, the Company makes no representation or warranty, express or implied, that any element or feature of the Website will be entirely accessible to users with disabilities, or that the Website will accommodate every user to his or her complete satisfaction.
In the event that you experience difficulty accessing this Website, email email@example.com, and we will attempt to provide you with assistance.
The Content of this Website may contain certain projections, forecasts, and other forward-looking statements regarding future events or the potential financial performance of the Company. Such statements are intended solely as best-guess predictions, and actual events, outcomes, or results may differ materially from such predictions.
LIMITATION OF LIABILITY
This Website is provided by the Company on an “as is” basis. As such, your use and browsing of, and any reliance by you upon, this Website are solely at your own risk. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website, nor as to the accuracy, timeliness, completeness, or reliability of any information, content, materials, or products included on this Website. Furthermore, we do not warrant that the functions provided by this Website will be uninterrupted or free from defects, errors, or computer viruses; nor do we warrant that any defects in the Website or inaccuracies in the Content will be corrected.
As this Website may contain defects, including but not limited to typographical errors, omissions, mislabeling, inaccuracies, and incomplete or inaccurate information, we therefore reserve the right to correct such defects in our sole discretion, and to change or update information contained on the Website, including this Agreement, at any time and without prior notice.
To the full extent permissible by applicable law, the Company disclaims all warranties of merchantability, non-infringement, and fitness of this Website for any particular purpose. The Company will not be liable for any damages of any kind arising from the use of this Website, including but not limited to direct, indirect, incidental, special, punitive, and consequential damages.
If you are dissatisfied with the Website or any of its Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Website.
Where applicable law does not allow for the exclusions of implied warranties, the foregoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless the Company, our affiliates, subsidiaries, and their respective officers, directors, employees, and agents from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages, and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (a) any User Content and/or other information or materials you submit, transmit, or otherwise make available through the Website; (b) your use of the Website; or (c) your breach or alleged breach of the terms of this Agreement. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.
GOVERNING LAW AND LIMITATION OF ACTIONS
The terms of this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York; and you and the Company irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has arisen.