WEB SITE TERMS AND CONDITIONS OF USE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Red Giant, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Red Giant products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Red Giant for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
3. Your Use of the Site; Forums.
(a) In General.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Red Giant reserves the right to bar any such activity. Moreover, without Red Giant’s prior written consent, you will not, and will not authorize any other person to, (i) Co-brand the Site or portion thereof, or (ii) frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give the user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site (the "Content"). You agree to cooperate with Red Giant in causing any unauthorized Co-branding, framing or linking to immediately cease.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Red Giant server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Red Giant, including any Red Giant account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Red Giant’s systems or networks, or any systems or networks connected to the Site or to Red Giant.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Red Giant on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied by third parties and other users unless Red Giant or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other user are those of the respective author(s) and not of Red Giant. You will not post any of the following material in any Forum:
(i) material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;
(ii) material for which you do not have the right to post, including the proprietary material of any third party;
(iii) material which advocates illegal activity or discusses an intent to commit an illegal act;
(iii) material for advertising or commercial solicitation;
(iv) material which is vulgar, obscene, pornographic, or indecent; or
(v) material which does not pertain directly to the subject matter of the particular forum.
Red Giant reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, you and other users remain solely responsible for the content of their respective postings. You acknowledge and agree that neither Red Giant nor any third party content provider will assume or have any liability for any action or inaction by Red Giant or any third party content provider with respect to any posting on the Forums. You will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Red Giant, in its sole discretion, deems offensive.
Further, you hereby grant to Red Giant the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
4. Purchases; Other Terms and Conditions.
Red Giant’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Red Giant may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Red Giant makes no commitment to update the materials on the Site with respect to such products and services.
5. Accounts, Passwords and Security.
Certain features or services offered on or through the Site may require you to open an account (including setting up a Red Giant ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Red Giant immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Red Giant or any other user of or visitor to the Site due to someone else using your Red Giant ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Red Giant ID, password or account at any time without the express permission and consent of the holder of that Red Giant ID, password or account. Red Giant cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Links to Other Sites and to the Red Giant Site.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Red Giant’s control, and Red Giant is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
RED GIANT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Red Giant CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RED GIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE. RED GIANT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RED GIANT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RED GIANT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You will have access to a variety of sources of content through the Internet. Red Giant has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Red Giant will have no liability or responsibility whatsoever for any content contained within any such sources. You have and will be accessing, using, and relying upon such content at your own risk. You understand further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. You have and will be accessing such materials at your own risk. Red Giant has no control over and accepts no responsibility whatsoever for such materials or for any material posted or linked to the Site of any party other than Red Giant.
You understand that, except for information, products or services clearly identified as being supplied by Red Giant, Red Giant does not operate, control or endorse any information, products or services on the Internet in any way. You understand that Red Giant cannot and does not guarantee or warrant that files available for downloading from the Internet 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. Red Giant does not assume any responsibility or risk for your use of the Internet.
All of the above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Red Giant reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9. Limitation of Liability.
Except where prohibited by law, in no event will Red Giant be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Red Giant has been advised of the possibility of such damages.
Red Giant may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Red Giant’s rights or property, or the rights or property of visitors to or users of the Site, including Red Giant’s customers. Red Giant reserves the right at all times to disclose any information that Red Giant deems necessary to comply with any applicable law, regulation, legal process or governmental request. Red Giant also may disclose your information when Red Giant determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Red Giant may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
12. Governing Law; Dispute Resolution.
13. Void Where Prohibited.
Red Giant administers and operates the www.Red Giant.com Site from its location in Beaverton, Oregon USA; other Red Giant sites may be administered and operated from various locations inside or outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Red Giant reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Red Giant provides access to Red Giant international data and, therefore, may contain references or cross references to Red Giant products, programs and services that are not announced in your country. Such reference does not imply that Red Giant in your country intends to announce such products, programs or services.
15. Feedback and Information.
Any feedback you provide at this site shall be deemed to be non-confidential. Red Giant shall be free to use such information on an unrestricted basis.
Copyright © 2012 Red Giant, LLC. All rights reserved.
Red Giant, LLC., 14525 SW Millikan Way #41659, Beaverton, OR 97005, USA.
Last Updated: February 29, 2012
Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Red Giant, LLC ("Red Giant”) as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Red Giant Site will comply with applicable copyright laws. However, if Red Giant receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Red Giant's Designated Agent to receive notification of alleged infringement under the DMCA is:
Attn: Red Giant General Manager
Email: copyright (at) redgiantsoftware.com
Physical Mail: Red Giant, LLC 14525 S.W. Millikan Way #41659, Beaverton, OR 97005 USA.
Upon receipt of proper notification of claimed infringement, Red Giant will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Red Giant's Designated Agent (listed above) the following information in a written communication (preferably via email):
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Red Giant's Designated Agent (listed above) the following information in a written communication (preferably via email):
Upon receipt of such counter notification, Red Giant will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Red Giant will replace the removed material or cease disabling access to it in 10 business days. Red Giant will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Red Giant will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is Red Giant's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Red Giant determines are reasonable under the circumstances.
ND: 4816-5642-9326, v. 3