Astrixware Website Terms & Conditions
Terms, Conditions, Copyright, Trademark and Notices Agreement between User and Astrixware
This Web site is offered to the User conditionally on acceptance by the User without modification
of the terms, conditions, and notices contained herein.
Use of the content, services, and/or products presented in any and all areas of this site constitutes the User's agreement to abide by the following terms
and conditions.
Copyright and Trademark Notices
All contents of this Web site are: Copyright © 2010 Astrixware, 912 Baylis St, Baltimore, Md. 21224, U.S.A. or third party content providers and are
protected by international copyright law. All rights reserved. Reproduction in whole or in part without permission is prohibited. DesignerToday.com and
other names of Designer Today products referenced herein are trademarks, service marks, or registered trademarks of Astrixware.
This Web site is for the User's personal, noncommercial use. If you download any material, you must keep all copyright and other notices intact. The right
to use it is not transferable to any other person or entity. User is responsible for all use of User's account (under any screen name or password) and for
ensuring that all use of this Web site through User’s account complies fully with the provisions of this Agreement. User may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, software,
products or services obtained from this Web site. You may not use any robot, spider, other automatic device or process, or manual process to monitor or copy
Astrixware owned websites or the content without Astrixware prior written permission.
Astrixware Trademarks/Servicemarks
Among the trademarks and service marks owned by Astrixware. Specific site logos are available for you to put on your site as a link. Any other use of
Astrixware trademarks/servicemarks requires written permission.
The "look" and "feel" of the Astrixware's website also are trademarks/servicemarks. This includes Astrixware's color combinations, button shapes, layout, and
all other graphical elements.
Disclaimer
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD PARTY SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ASTRIXWARE AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. ASTRIXWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE
SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER
ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. ASTRIXWARE DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING
BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION. Use of this site is at your own risk.
This site may contain advice, opinions, and statements of various information providers and content providers. Astrixware does not represent or endorse the
accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this
site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither Astrixware
nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for
any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line
failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom. Prior to the execution of a purchase or sale
or any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Astrixware,
its affiliates, information providers and its content providers shall not have any liability for investment decisions based upon, or the results obtained
from, the information provided. Astrixware, its affiliates, information providers and content providers do not guarantee or warrant the timeliness, sequence,
accuracy, or completeness of any such information. Nothing contained in this Web site is intended to be, nor shall it be construed as, investment advice.
Use of Bulletin Boards, Chat Rooms, & Forums
Astrixware does not control or regularly review the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the
Bulletin Boards and this Web site that you do not upload to, post, distribute or transmit to or through this site any messages, information or materials
which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful, or would
otherwise violate any law, or encourage such conduct, or which, without Astrixware‘s express prior consent, contains advertising or any commercial
solicitation; post or transmit any material which contains a virus or other harmful component that restricts or inhibits anyone from using and enjoying the
bulletin boards. Astrixware is not responsible in any way for the content of any messages, information or materials uploaded, posted, distributed, or
transmitted by Users of this site. However, Astrixware retains the right, but not the obligation at its sole discretion, to monitor, review, edit, delete or
refuse to post any third-party content which Astrixware deems to be objectionable or in violation of these Terms and Conditions. Astrixware reserves the
right to disclose any information as necessary to satisfy any law, regulation or legal governmental agency request. By submitting messages, information and
material to any public area of this site, you are granting Astrixware a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and
display it in whole or in part.
User agrees to indemnify and hold harmless Astrixware and all officers, directors, shareholders, employees, authorized representatives and agents form and
against all claims and expenses, including attorneys' fees, arising out of any messages, information or materials uploaded, posted, distributed, or
transmitted to or though this site by you. User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and
upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web
site from time to time by Astrixware, and applicable law.
Links To Third Parties' Web Sites
This Web site may contain links and pointers to Internet sites maintained by third parties. Astrixware does not operate or control in any respect any
information, products or services on such third-party sites. Third party links are included solely for the convenience of users, and do not constitute any
endorsement by Astrixware and/or its suppliers. User assumes sole responsibility for use of third party links and pointers and disclaimers set forth herein
are equally applicable to such third party sites.
Third Party Content
Astrixware is a distributor with regard to content supplied by third party suppliers and Users; therefore, Astrixware has no more editorial control over such
content than a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers and Users are those of the respective author(s) or distributor(s) and not of Astrixware.
Software Available on This Web Site
Any software that is made available to download from this Web site ("Software") is the copyrighted work of Astrixware or it's suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall
not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any
such software is not available to Users in territories where its distribution is prohibited by law.
E-mail & E-mail Privacy (newsletter)
Astrixware respects the privacy of its readers and shall not disclose, distribute or rent its email subscriber newsletter information to any third party, nor
shall it permit anyone else to do so. Read our Privacy Policy in detail.
Copyright Infringement
Astrixware complies with the Digital Millennium Copyright Act ("DMCA"). If you wish to report a Copyright Violation, please send your copyright infringement
notice via certified postal mail describing the violation and provide (i) a physical signature of the person authorized to act on behalf of the owner of the
copyright interest, (ii) a detailed description of the copyrighted work that you claim has been infringed, (iii) a description of where the material that you
claim is infringing is located on the web site(s), (iv) your contact information, including mailing address, telephone number, and email address, (v) a
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (vi) a statement by
you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
We also recommend that you included copies of the copyright registrations from the US Copyright office for each item that is alleged to be infringing, this
will speed up the process. Please be aware you may receive a DMCA counter notification from Astrixware via certified postal mail as to the reason Astrixware
will not comply with your copyright infringement notice.
Astrixware
c/o Legal
912 Baylis St
Baltimore, MD 21224
Note: Astrixware does not recognize copyright infringement notices sent via email. All claims and notices of copyright infringement must be sent via
certified mail to the address listed above.
No Solicitation
In no event may any person or entity solicit any Users with data retrieved from Astrixware owned websites.
Modification
Astrixware shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time. Notification of any such changes
shall be made herein. Changes shall be effective immediately, and subsequent use by you of this site shall constitute your acceptance of them.
Termination
This agreement is effective until terminated by Astrixware, at any time without notice. In the event of termination, you are no longer authorized to access
the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of
liabilities set forth in this agreement, shall survive.
Indemnity/Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Astrixware, or its affiliates be liable for any direct, indirect, incidental,
special or consequential damages that result from the use of, or the inability to use, Astrixware materials. You specifically acknowledge and agree that
Astrixware is not liable for any conduct of any User. As a condition of use of this Web site, the User agrees to indemnify Astrixware and its suppliers from
and against any and all liabilities, expenses and damages arising out of claims resulting from User's use of this Web site, including without limitation any
claims alleging facts that if true would constitute a breach by User of these terms and conditions. If you are dissatisfied with any Astrixware material, or
with any of Astrixware's terms and conditions, your sole and exclusive remedy is to discontinue using Astrixware's Web site.
General
Astrixware reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. Astrixware reserves the right
to deny access to this Web site to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms
contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this
Agreement shall control. This Agreement has been made in and shall be construed and enforced in accordance with Georgia law. Any action to enforce this
agreement shall be brought in the federal or state courts located in Statesboro Georgia. If any provision is deemed to be unlawful or unenforceable, that
shall not affect the validity and enforceability of the remaining provisions.
Any rights not expressly granted herein are reserved.
Mailing Address
Astrixware
c/o Astrixware Services
122 S. East Ave
Baltimore, MD 21224