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SECTION 1: GENERAL PROVISIONS
USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE
You acknowledge that CINEGY reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.
Generally speaking, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, images, or other types of content) ("Site Information") is the property of CINEGY and/or its suppliers or licensors.
Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner(s). Please see Section 2: Posted Information below for further details regarding Posted Information.
Unless otherwise noted in a particular document, CINEGY hereby authorizes you to electronically copy or print in hard copy any document published by CINEGY on the Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein.
Any other use of information provided by CINEGY without prior written approval from CINEGY or the appropriate supplier or licensor is strictly prohibited.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.
Any software available to download from the Site is the copyrighted work of CINEGY and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software ("License Agreement"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of CINEGY. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
LINKS TO OTHER SITES
Any links to other sites are provided solely for your convenience. Such sites are not under the control of CINEGY, and CINEGY is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
USER PRIVACY INFORMATION
CINEGY intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity individuals submitting or posting information to CINEGY or on the Site.
USER FEEDBACK AND IMPROPER TRANSMISSIONS
Except for Posted Information or personal information, if you transmit to or otherwise provide to CINEGY any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. CINEGY shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to CINEGY, you are deemed to grant to CINEGY a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, CINEGY will have no liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.
CINEGY may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. CINEGY is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
DELETION AND LOCKOUT
The Site may provide access to international data about CINEGY, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that CINEGY, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
LINKING AND FRAMING
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at Cinegy.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.
SECTION 2: POSTED INFORMATION
ALL POSTED INFORMATION IS PUBLIC
CINEGY has reserved certain portions of the Site to permit registered users to post materials or information, including but not limited to user resumes or other personal information, job listings, user demonstration reels or other sample materials, graphics, images, opinions, comments, conversations or questions ("Posted Information"). CINEGY has provided those special sections as a service to its customers and the media community with the intent of making Posted Information publicly available to anyone who wishes to view it.
LICENSE TO POSTED INFORMATION
By submitting the Posted Information for publication on the Site, you grant to CINEGY, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the Site.
You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.
If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to CINEGY a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. CINEGY requires thatPosted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. CINEGY reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.
Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of CINEGY with regard to the contents of sites related to User Links.
USE AND MONITORING OF POSTED INFORMATION
The decision to make Posted Information available, or to use or respond to Posted Information, is yours alone. CINEGY has only made a portion of the Site available for the publication, distribution, and review of Posted Information. CINEGY is not involved in any transactions between the users who submit Posted Information, and the users who view or use such information. Without limiting the generality of foregoing, CINEGY is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.
In addition, please note that CINEGY cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site.
CINEGY has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. CINEGY may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by CINEGY of the Posted Information.
USER REPRESENTATIONS AND WARRANTIES
CINEGY respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others.
Therefore, by registering or submitting Posted Information, you hereby represent and warrant:
b) That the Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;
c) That you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the Posted Information is true and your own information; and
d) That the Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
By reviewing or using the Posted Information, you represent and warrant:
a) That you will only use it for lawful purposes;
b) That your use will not violate or constitute the infringement of the Intellectual Property Rights of CINEGY or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and
c) That your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.
If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to CINEGY's Designated Agent for copyright complaints.
SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CINEGY SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. CINEGY AND ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CINEGY SPECIFICALLY INFORMS YOU THAT CINEGY AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.
EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
Last Updated: March 30, 2004
IP Addresses and Cookies
Generally speaking, you may visit the Site while remaining anonymous and not revealing any personal information.
CINEGY uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. CINEGY also may aggregate the IP address with other information to create anonymous Site statistics. CINEGY does not, however, use your IP address to collect personal information about you.
Submission of Personal Information
Certain portions of the Site may require that you submit some personal information, such as your name and email address, before using those portions of the Site. At minimum, you are typically required to register with the Site and provide your name or email address before using any of the members only areas of the Site. For some services, such as accessing the Support and Download sections, registering for Events, or requesting a Demo CD, you may have to create an account, and submit additional personal information such as your mailing address. You may also be required to submit information such as your name and email address before you will be authorized to post information on the Site.
Use of Personal Information
CINEGY also uses this information to send you information about CINEGY, Cinegy, or other topics CINEGY thinks may be of interest to you, such as product information or updates. As part of its business, CINEGY works with Cinegy as well as other authorized partners, such as authorized resellers, to provide you with the services and information described above. As part of those activities, CINEGY may share your information with those authorized entities so that they can directly provide the information or services to you.
CINEGY does not sell to third parties information you have submitted to this Site that identifies you personally.
You can always change your mind; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request, but once we do, we will no longer use your information.
Law Enforcement and Posted Information Exceptions
Aggregation and Use of Anonymous Data
CINEGY does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps CINEGY to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally.
Public Forums for Posted Information
Links to Other Sites and Advertising
This Site contains links to other sites not operated by CINEGY. CINEGY is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites.
Surveys and Contests/Sweepstakes
From time to time CINEGY may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. CINEGY may use that personal information to contact the participant if necessary, or as otherwise described above. CINEGY may make the results of any survey publicly available, although CINEGY will not attribute any particular response to you without your permission.
On occasion CINEGY may make available to users of the Site contests, sweepstakes, or similar events in which they may qualify for participation. Participation is always voluntary and subject to the applicable rules. The rules may ask participants to provide personal information as a condition of participation. CINEGY may also make the winner's names public, as provided in the applicable rules, or as required by applicable law. CINEGY may also use that information as described above. In some instances, the applicable rules may contain additional or different uses for the information you provide; please be sure to review those rules carefully before entering.
No portion of the Site is directed at children (defined as individuals age 13 and under) nor are children encouraged to use the Site. CINEGY does not knowingly solicit any personal information about children.
Generally speaking, this Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Since the Site under general usage does not collect financial information, CINEGY uses the standard internet connections for those general usage portions of the Site, without secured sockets.
This Site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you register for a particular service. Please review that information for further detail.
In some cases, you may be prompted to register with the Site to undertake a particular Site activity or obtain a particular service. As part of that registration, you may be asked to choose your own password. CINEGY reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your information. CINEGY disclaims any responsibility or obligation for your decision to provide your password to others.
CHANGES TO THIS POLICY
Typically you accept to receive communications when you submit information to the Site. If you wish to remove your information from the Site registration database and no longer receive future communications or use any services, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.
1. The Profile section of this Site may permit you to change a previous selection and decline to receive further communications, or to delete your registration.
2. A particular service may have an Administration section that allows you to change any previous selections for that service.
This Site gives users the following options for changing and modifying information previously provided.
1. The Profile section of this Site may permit a registered user to change or modify information previously provided.
2. A particular service may have an Administration section that allows you to change or modify information you previously provided for that service.
CONTACTING THE WEB SITE
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact the Manager at the following address and email:
NOTICE TO EUROPEAN USERS
Please note that the information you enter on the Site or otherwise provide to CINEGY, or its subsidiaries or divisions, may be transferred outside of the European Economic Area, for purposes of processing, by CINEGY a company located in California, USA, or its subsidiaries or Cinegy's subsidiaries or divisions, or authorized partners, located worldwide, in order to provide this Site and its services to you. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)
Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection.
By agreeing to this Policy, you consent to the transfer of all such information to the United States and the processing of that information as described in this Policy.
Copyright Complaint Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") Pub.L.N. 105-304, 112 Stat.2860 (28 Oct. 1998)] of the United States of America, Cinegy has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work has been infringed, you may provide a notification of claimed infringement containing the following information:
1. The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
2. A description of the material you claim has been infringed;
3. A description of the claimed infringing material, including information describing its location on the Site;
4. Your name, address, telephone number, and email address
5. A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the copyright owner's agent, or the law; and
6. A statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.
Please provide all of the information listed above, or we may not able to process your complaint.
Trademark & Other Notices
The following information relates to certain trademarks that may appear on Cinegy's web pages.
Windows, Windows NT, Windows Media, the Windows Media Logo and Microsoft are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
RealNetworks, the RealNetworks Logo, RealAudio, Real Video and RealProducer are either registered trademarks or trademarks of RealNetworks, Inc. in the United States and/or other countries.
QuickTime and the QuickTime logo are trademarks used under license.
Indeo, Intel and Pentium are registered trademarks and Celeron, MMX, and the Indeo logo are trademarks of Intel Corporation in the U.S. and other countries.
Other trademarks from these companies may appears on Cinegy’s web pages from time to time. All other trademarks from these or other manufacturers referenced in Cinegy's internet pages are property of their respective owners.