Website
User Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING (www.manifestbozeman.com) WEBSITE, HEREFORTH REFERRED
TO AS “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 AND SHOULD IMMEDIATELY CEASE
SUCH USE. MANIFEST CREATIVE 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.
Domestic and International copyright and trademark laws
protect the entire contents of the Site. The owners of the
intellectual property, copyrights and trademarks are Manifest
Creative, 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 Manifest Creative a non-exclusive, royalty-free,
worldwide, sub licensable, 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 Manifest Creative by all means and in any
media now known or hereafter developed. You also grant to
Manifest Creative 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 Manifest Creative for any alleged or
actual infringement or misappropriation of any proprietary
right in your communications to Manifest Creative.
Manifest Creative, "Clear and obvious to the eye or
mind" and/or any other names belonging to Manifest
Creative, or its Web sites, seminars, conferences, events,
trade shows, publications, products, content or services
referenced herein or on the Site are the exclusive trademarks
or service marks of Manifest Creative, including the "look"
and "feel" of the Site, color combinations, layout,
and all other graphical elements. Any use of Manifest Creative
trademarks is strictly prohibited without the express permission
from Manifest Creative. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
You understand that, except for information, products or
services clearly identified as being supplied by Manifest
Creative, Manifest Creative does not operate, control or
endorse any information, products or services on the Internet
in any way. Except for Manifest Creative 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 Manifest
Creative. You also understand that Manifest Creative 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.
Manifest Creative offers a search feature within the Site.
Manifest Creative explicitly disclaims any responsibility
for the content or availability of information contained
in our search index or directory. Manifest Creative also
disclaims any responsibility for the completeness or accuracy
of any directory or search result.
In connection with your use of the Site, you agree
you will not:
a) Transmit any message, information, data, text, software
or images, or other content ("Material") that
is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or otherwise
objectionable that may invade another's right of privacy
or publicity;
b) Impersonate any person or entity, including but not
limited to, an Manifest Creative official, forum leader,
guide or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) Post or transmit any Material that you do not have
a right to reproduce, display or transmit under any law
or under contractual or fiduciary relationships (such
as nondisclosure agreements);
d) Post or transmit any Material that contains a virus
or corrupted data;
e) Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication
feature;
f) Use the Site’s communication features in a manner
that adversely affects the availability of its resources
to other users (e.g., excessive shouting, use of all caps,
or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other
form of solicitation or any non-resume information such
as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international
law;
i) Upload or transmit any Material that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any party;
j) Delete or revise any Material posted by any other person
or entity;
k) Manipulate or otherwise display the Site by using framing
or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any
party for any Manifest Creative product or service if
you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. Manifest Creative 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)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Manifest Creative SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK.
Manifest Creative HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL Manifest Creative BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Manifest Creative OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. 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, Manifest Creative
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed
for access to and use of the Site and all charges related
thereto.
You agree to indemnify, defend and hold harmless Manifest
Creative, 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 attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct)
by you or your use and access of the Site.
Manifest Creative reserves the right to release current
or past member or Web site user information if Manifest
Creative believes that a member’s account is being
used to commit unlawful acts, if the information is subpoenaed
and/or if Manifest Creative deems it necessary and/or appropriate.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of Manifest Creative
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.
Either party without notice may terminate this Agreement
at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 3 (Use of
the Site), 5 (Indemnification), 6 (Third Party Rights) and
11 (Miscellaneous) shall survive any termination of this
Agreement.
Recognizing the global nature of the Internet, you agree
to comply with all local rules including, without limitation,
rules about the Internet, data, e-mail, or privacy. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United
States or the country in which you reside.
Your participation, correspondence or business dealings
with any third party found on or through the Site, regarding
the payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such third party. You agree that Manifest Creative shall
not be responsible or liable for any loss, damage or other
matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links
to non-Manifest Creative Internet World Wide Web sites or
resources. Because Manifest Creative has no control over
such sites and resources, you acknowledge and agree that
Manifest Creative is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Manifest
Creative shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on
any such content, goods or services available on or through
any such site or resource.
This Agreement shall all be governed and construed in accordance
with the laws of the State of (enter state name), United
States applicable to agreements made and to be performed
in the State of (enter state name), United States. You agree
that any legal action or proceeding between Manifest Creative
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 the County of (enter county name), State of (enter state
name), United States.
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. Manifest Creative 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.
Manifest Creative 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 Manifest Creative.
We wish to caution you that these statements are only predictions
and that the actual events or results may differ materially.
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