Terms and Conditions of Use of the Silex Media Website ("Silex Media Website")
THIS SET OF TERMS AND CONDITIONS ("Silex Media Website Terms Of Use," or "Terms
Of Use") APPLIES TO YOUR USE OF THE SILEX MEDIA WEBSITE. YOUR USE OF THE SILEX MEDIA
WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR
AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE
BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR"
REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF
ANY.
GRANT, RESTRICTIONS, AND OWNERSHIP
Silex Media and its suppliers, as applicable ("Silex Media"),
hereby grant You the right to use the content comprising the Silex Media
Website (the "Content"). You may use, print and/or download the Content on The Silex Media Website
intact from within your browser for personal and fair use purposes
only. You may not copy, adapt, modify, display,
perform, or otherwise use the Content (including use the Content on any
other web site or networked computer environment) for any other purpose
or in any other manner without the prior express written permission of
Silex Media or its suppliers, including without limitation such permission as
may appear within the Silex Media Website.
The Content has been compiled by Silex Media from a variety of sources,
and is subject to change without notice. You may not attempt to
"pass-off" any of the Content as your own work.
The use of certain areas of the Silex Media Website is further restricted.
IMAGES IN SILEX MEDIA WEBSITE
Subject to other provisions hereof to the contrary, You may not use,
reproduce or distribute any image in the Silex Media Website without securing
the advance written consent of Silex Media. To request permission, send an email,
including your name, address and a description of the purpose of your
intended use and/or distribution and the image you would like to
distribute.
COMMUNICATIONS FROM YOU TO THE SILEX MEDIA WEBSITE
All communications from You to the
Silex Media Website will be considered non-proprietary and non-confidential,
and Silex Media will have no obligations of any kind to You respecting such
communications and will be free to use them on an unrestricted basis.
Specifically, but without limitation, You authorize Silex Media to (i)
reproduce, use, disclose and distribute such communications to others,
and (ii) use any ideas, know-how, designs, concepts, techniques or the
like contained in such communications for any purpose whatsoever. You
are solely responsible for these communications and their legality
under all applicable laws and regulations. You agree that you will
comply with the terms of our Privacy Statement when using the Silex Media
Website. You are responsible for the security of any account names,
identification numbers or passwords associated with your access to and
use of the Silex Media Website. Silex Media is not liable for any unauthorized use of
any accounts you establish through the Silex Media Website by You, your employees,
agents or anyone else.
AVAILABILITY OF SILEX MEDIA WEBSITE
You acknowledge that temporary interruptions in the availability
of the Silex Media Website may occur from time to time as normal events. Under
no circumstances will Silex Media or its suppliers be held liable for any
damages due to such interruptions. The Silex Media Website and the Content may
include technical inaccuracies or typographical errors. The Silex Media Website
is made available internationally and may contain references to
products, programs and services of Silex Media and/or its suppliers that are
not available in your location. Such references do not imply that Silex Media
or its suppliers intend to make available such products, programs or
services in your location.
MONITORING
It is neither the policy nor a practice of Silex Media to review communications
with the Silex Media Website to determine that such communications comply with
these terms and conditions and applicable laws and/or regulations;
however, Silex Media reserves the right to review such communications but has
no such obligation. Silex Media shall have no responsibility or liability for
the content of any communications posted to the Silex Media Website, nor for
any errors or violations of any applicable laws or regulations. Silex Media
will comply with court orders in any jurisdiction directing Silex Media to
disclose the identity of anyone posting communications to the Silex Media
Website.
LINKS WITH OTHER SITES
Silex Media is not responsible for the content of any other web site linked to
or from the Silex Media Website. If you link to another site, you leave the Silex Media
Website. If you decide to link to another site, you do so entirely at
your own risk. Silex Media may provide links from the Silex Media Website to other
sites, but this is done solely as a convenience to you and in no way
should be interpreted as a referral or endorsement of any content,
sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER
TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT
LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY
CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
DISCLAIMER
THE CONTENT PROVIDED AT THIS Silex Media WEBSITE IS PROVIDED "AS IS" AND
ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT
LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY
QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED.
Applicable law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to You. Silex Media does not warrant the
accuracy and completeness of the Content on the Silex Media Website. Silex Media takes
no responsibility for viruses or other destructive or intrusive
computer programs that may damage your computer system or data
resulting from your access to or use of the Silex Media Website. The Content at
the Silex Media Website may be out of date, and Silex Media makes no commitment to
update the Content at the Silex Media Website. Information published at the Silex Media
Website may refer to products, programs or services that are not or are
no longer available in your geographic location. If software available
through the Silex Media Website is made applicable to its own license terms and
conditions, such terms and conditions supersede any terms and
conditions of these Terms of Use. However, in accordance with the
paragraph of these Terms Of Use entitled SOFTWARE, specific terms and
conditions applicable to Software downloadable or otherwise available
through the Silex Media Website will supersede the provisions of this
paragraph.
LIMITATION OF LIABILITIES
IN NO EVENT WILL Silex Media OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO
THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF
USE OF THE Silex Media WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS Silex Media
WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT Silex Media IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE
FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY
AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance
with the paragraph of these Terms Of Use entitled SOFTWARE, specific
terms and conditions applicable to Software downloadable or otherwise
available through the Silex Media Website will supersede the provisions of this
paragraph.
INDEMNIFICATION
Upon the request of Silex Media, you agree to defend, indemnify and hold
harmless Silex Media and its suppliers, affiliates, representatives, officers,
directors, employees and attorneys from and against all liabilities,
claims, costs and expenses, including attorney fees, that arise in
relation to your accessing or use of the Silex Media Website and/or these Terms
Of Use or your uploading, downloading or transmission of any
communications or Content on the Silex Media Website. However, in accordance
with the paragraph of these Terms Of Use entitled SOFTWARE, specific
terms and conditions applicable to Software downloadable or otherwise
available through the Silex Media Website will supersede the provisions of this
paragraph.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of Silex Media
and/or others used on the Silex Media Website are the property of Silex Media, its suppliers, or their respective owners. You may not
use, and nothing contained on the Silex Media Website grants, by implication,
waiver, estoppel or otherwise, any right to use, any trademark
displayed on the Silex Media Website without the written permission of Silex Media or the respective owner, which written permission may be
expressed within the Silex Media Website.