Terms of Use Agreement
Last Updated 11/10/2009
Please read the following information in its entirety before ordering or
purchasing any products or services from our website.
EGFX.COM is owned and operated by egraphics inc, (further referred to as 'EGFX',
'egraphics', 'DCX2', 'we', 'us' or 'our'). egraphics'
website is http://www.egfx.com (further referred to as 'Site').
Your access to the Site is conditional upon your acceptance and compliance with
the terms, conditions, notices and disclaimers contained in this document and
any changes to this Terms of Use Agreement (further referred to as 'Agreement')
that egraphics may publish from time to time, whether or not you are a
registered member of DCX2 (further referred to as 'Member'). By accessing or
using this Site in any way, including, without limitation, subscribing to a
newsletter, purchasing any services through the Site, searching the Site or
merely browsing the Site, you agree to and are bound by the terms, conditions,
restrictions and limitations of this Agreement and our Privacy Policy. Every
time you access the Site, by doing that you confirm your agreement with our
Privacy Policy and this Agreement. You must familiarize yourself with this
information and are encouraged to update your knowledge often.
Eligibility
You must be 18 years of age or older to use the Site. By using the Site, you
warrant that you have the right, authority, and capacity to enter into this
Agreement. Your use of the Site is conditional upon your acceptance and
compliance with this Agreement and egraphics’ Privacy Policy.
Content
All information, text, material, graphics, files and software used on the Site
(further referred to as "Content") are protected by the laws of the United States and international
copyright and trademark laws. Except as otherwise explicitly agreed to in
writing, the Content received through the Site may be downloaded, displayed,
reformatted and printed for your personal, non-commercial use only, through the
means of your home computer. You agree not to reproduce, retransmit, distribute,
sell, republish, frame, broadcast or circulate the Content received through the
Site, without egraphics’ prior written consent.
Membership
When you purchase any services or products from egraphics, or subscribe to
egraphics newsletter, you are required to submit your personal information to
access these services or products, i.e. become a Member. By becoming a Member,
you receive the facility to access egraphics services and products.
egraphics license to users
egraphics is copyrighted and users are not allowed to share access to it or
reproduce it in any manner. One purchase license grants you one user license.
Violators will be prosecuted to the full extent of law.
User license to egraphics
By posting any Content to the Site (including without limitation inputting data,
posting messages, sending emails or photos, uploading files, or engaging in any
other form of communication with the Site or through the Site), you grant to
egraphics, and you warrant that you have the right to grant, a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to
use, copy, redistribute, adapt, transmit, publish, display, and broadcast this
Content, and prepare derivative works from this Content, as well as sublicense
the unrestricted right to exercise any of the foregoing rights granted, to any
third party, in regard to this Content.
Links to other websites
The Site contains links to third party websites. These linked websites are not
under control of egraphics and egraphics is not responsible for the contents of
any linked web site. The inclusion of the link on the Site does not imply any
endorsement of the linked website, and egraphics has no knowledge of those web
sites and/or their products. You should refer to the relevant owner for the
product information and customer support.
Termination
This Agreement is effective until terminated by egraphics. egraphics may
terminate your access to the Site at any time, for any reason without notice,
including without limitation our good-faith belief that you have violated these
Terms of Use Agreement. In the event of termination, you will be no longer
authorized to access the Site, but this Agreement will remain in effect and all
restrictions imposed on you, licenses granted by you and all egraphics
disclaimers and limitations of liability set out in this Agreement will survive.
If you have are a Member of egraphics, you may terminate your Membership at any
time, for any reason. egraphics may terminate your Membership at any time, for
any reason, without notice. If egraphics terminates your Membership because you
have breached the Agreement, you will not be entitled to any refund of the fees
that you paid to egraphics, but you will be still legally bound by this
Agreement.
Disclaimer and limitation of liability
- The Service and Content are provided "as is", without warranties of any kind,
either express or implied;
- egraphics does not warrant that your use of the Site will be uninterrupted or
error-free, that any defects will be corrected or that the Site and its server
are free from viruses or any other harmful components;
- egraphics does not warrant any Content in terms of correctness, accuracy,
timeliness, or completeness;
- egraphics expressly disclaims warranties of any kind including without
limitation implied warranties of merchantability and fitness for a particular
purpose. Under no circumstances, including without limitation any act or
negligence on the part of egraphics, will egraphics or its affiliates be liable
for any indirect, incidental, special and/or consequential damages or loss of
profits whatsoever which result from any use, or any inability to use the Site
or any Content. The Content is published for information only without assuming a
duty of care. egraphics is not in the business of providing professional advice,
and gives no warranty, guarantee or other representation about the accuracy of
any Content. egraphics is not liable for errors, omissions, delays,
interruptions or cessation of the services through negligence or otherwise. To
the extent permitted by law, egraphics disclaims liability to all persons in
relation to any loss or damage suffered through their use of the Site or
communication with other Members. To the extent permitted by law, in the case of
services supplied or offered by egraphics, its liability for breach of any
implied warranty or condition that cannot be excluded by the law is limited, at
the sole discretion of egraphics, to the supply of the services again, or the
payment of the cost of having the services supplied again.
Indemnification
If egraphics suffers any loss or damage or incurs any costs in connection with
any breach of this Agreement or any other legal obligation incurred due to your
acts or negligence, then you agree to indemnify egraphics for those losses,
damages and costs.
Arbitration
This agreement will be governed by and construed in accordance with the laws of
Houston, Texas. You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Texas. If any provision of this agreement is found
to be invalid or unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of the agreement which will
continue in full force and effect.
Changes to this Agreement
egraphics may choose to change the terms, conditions and operation of this
Agreement anytime, such modifications to be effective upon posting on the Site.
Other rights
All rights not expressly granted herein are reserved.