Legal Notification
Terms of Use
1. Use License. Digital Illusions CE, AB ("Digital Illusions") grants you permission to view this web site (the “Site”) and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use. You may not modify, copy (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license, use, transfer or sell any products or services made available on this Site.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT AND ACCEPTANCE WITHOUT MODIFICATION OF THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE AND ACCEPT WITHOUT MODIFICATION THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT USE THIS SITE.
2. Copyrights. This Site and its contents are the copyrighted property of Digital Illusions and may contain copyrighted property of third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on the Site, without the prior written permission of the Copyright owner.
3. Trademarks. The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are the registered Trademarks of Digital Illusions and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The names DESERT COMBAT, TRAUMA STUDIOS and DIGITAL ILLUSIONS; the DESERT STUDIOS, TRAUMA STUDIOS and DIGITAL ILLUSIONS logos or the other TRAUMA STUDIOS or DIGITAL ILLUSIONS formatives may not be used or displayed in any way, without prior, written permission from Digital Illusions. Digital Illusions prohibits use of its Trademarks as part of a link to or from any web site unless establishment of such a link is approved in advance by Digital Illusions in writing. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and may not be used without such respective owners’ prior written consent.
4. Links to Third Party Sites. Digital Illusions does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to or from this Site. Your access to these linked web sites is at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in or to, these non-Digital Illusions web sites are not investigated, verified, monitored or endorsed by Digital Illusions, and Digital Illusions disclaims any warranty, express or implied, with respect to the contents of such web sites.
5. Disclaimer & Limitation of Liability. YOUR USE AND BROWSING IN THE SITE AND ANY CONTENT OR SERVICES PROVIDED HEREIN ARE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DIGITAL ILLUSIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIGITAL ILLUSIONS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE OR SERVICES PROVIDED HEREIN, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR SERVICES PROVIDED HEREIN OR FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY CONTENT OR SERVICES PROVIDED HEREIN. YOUR USE OF THIS SITE AND THE SERVICES AND CONTENT PROVIDED HEREUNDER IS AT YOUR OWN RISK. IN NO EVENT SHALL DIGITAL ILLUSIONS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE SERVICES PROVIDED PURSUANT TO THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. DIGITAL ILLUSIONS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, GRAPHICS, OR OTHER SOFTWARE FILES FROM THE SITE.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Posting Content. You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Digital Illusions, shall be entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Digital Illusions does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is violent, graphic or objectionable. Under no circumstances will Digital Illusions be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You agree to not use the Site to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
j) intentionally or unintentionally violate any applicable local, state, national or international law;
k) "stalk" or otherwise harass another; or
l) collect or store personal data about other users.
PLEASE BE ADVISED THAT DIGITAL ILLUSIONS DOES NOT SCREEN, EDIT, OR REVIEW CONTENT PRIOR OR AFTER THEIR APPEARANCE ON THIS SITE, and Content does not necessarily reflect the view of Digital Illusions. Notwithstanding, Digital Illusions reserves the right to monitor all Content (but is not required to do so) and to remove any which it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. You shall have no claim or other recourse against Digital Illusions for infringement of any proprietary right in Content. You agree to indemnify and hold Digital Illusions, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your violation of these Terms of Use, or your violation of any rights of another.
7. Submissions. Any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, Content or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Digital Illusions, at its option, and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting on the Site or otherwise. Furthermore, Digital Illusions is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this Site, you may submit and/or Digital Illusions may gather certain limited information about you and your Site usage. Digital Illusions is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
8. Termination. You agree that Digital Illusions may, under certain circumstances and without prior notice, immediately terminate your access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Further, you agree that all terminations for cause shall be made in Digital Illusion's sole discretion and that Digital Illusions shall not be liable to you or any third-party for any termination of your access to the Site.
9. General. This Site resides on a server in the US. You agree that these Terms of Use and your use of this Site are governed by the laws of the State of New York, USA, without regards to its rules regarding conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New York, New York, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms of Use, (b) in which this Site and/or these Terms of Use are an issue or a material fact, or (c) in which this Site and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Digital Illusions has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that contents on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
10. Changes. You agree that Digital Illusions may at any time and without notice change these Terms of Use. Digital Illusions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Digital Illusions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
11. Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and Digital Illusions as a result of your use of or posting Content to this Site.
12. Entire Agreement. These Terms of Use constitute the entire agreement between you and Digital Illusions with respect to this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Digital Illusions with respect to this Site. A printed version of these Terms of Use and/or of any notice given by Digital Illusions in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Digital Illusions in printed form. The failure of Digital Illusions to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
© 2004 Digital Illusions CE, AB. All Rights Reserved.