PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: JUNE 1, 2006
As used herein, "Site" refers to blender.com and other sites on the World Wide
Web originating in the United States which are owned and/or operated by Dennis
Digital, Inc. and Felix Dennis (collectively "Dennis"). By using this Site, you
indicate your acceptance of these Terms & Conditions. If you do not agree to
these Terms & Conditions, you have no right or license to access this Site and
you should not do so.
Dennis reserves the right, in its sole discretion, to change, modify or
otherwise update these Terms & Conditions at any time, or to impose new
conditions, including, but not limited to, adding fees and charges for use.
Such changes, modifications, updates or additions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on this Site, or by electronic or conventional mail, or by
any other means by which you obtain notice thereof. Your use of this Site after
such notice shall be deemed to constitute your acceptance of such changes,
modifications, updates or additions.
Dennis may change, suspend or discontinue any aspect of this Site at any time,
including the availability of any feature or content. Dennis may also impose
limits on certain features and services or restrict your access to parts or all
of this Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND
RESTRICTIONS
All materials published on this Site (including but not limited to articles,
photographs, images, illustrations, audio clips and video clips) are protected
by copyrights which are owned and controlled by Dennis or the party credited as
the provider of the material. The entire contents of blender.com are also
copyrighted as a collective work under the United States copyright laws, and
the selection, coordination, arrangement and enhancement of such content are
protected by copyright. You shall abide by all copyright notices and other
restrictions contained in any material accessed through this Site. No material
from this Site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download one copy
of the materials on any single computer for your personal, noncommercial home
use, and may print one hard copy of the material on this Site for your
personal, noncommercial use, provided you keep intact all copyright and other
proprietary notices. You acknowledge that you do not acquire any ownership
rights by downloading or printing copyrighted material. Modification of the
materials or use of the materials for any purpose other than personal,
noncommercial use is a violation of the respective owners' copyrights and other
proprietary rights. The use of any such material on any other Web site or
networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Dennis or the
other designated owner of a posted mark. Elements of this Site are protected by
trade dress and other laws and may not be copied or imitated in whole or in
part.
SUBMISSIONS AND PUBLIC FORUMS
This Site includes chat areas, message boards, e-mail and other interactive
functions ("Forums") which allow feedback and submissions to Dennis and
real-time interaction between guests. Only registered guests who have expressly
indicated their agreement to these Terms & Conditions may use any of these
Forums. Registration consists of identifying oneself, giving a screen name and
password, and expressly indicating by means of clicking on an applicable box or
boxes the guest's acceptance of these Terms & Conditions. Registration is
subject to Dennis's prior approval and your continued compliance with the terms
of these Terms & Conditions. Dennis reserves the right to refuse participation
to any applicant or participant at any time in our sole discretion. Multiple
accounts held by the same individual or entity are subject to immediate
termination unless expressly authorized in writing by Dennis (including by
e-mail). You are solely responsible for keeping your e-mail address and other
contact information updated.
Terms & Conditions directly applicable to use of such Forums include the
following:
1. You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, communications or other materials,
whether publicly posted or privately transmitted, that you submit to any of the
Forums ("Submitted Content"), are your sole responsibility. This means that
you, and not Dennis, are entirely responsible for all Submitted Content that
you upload, post, e-mail or otherwise transmit via the Forums.
2. Dennis does not endorse or control the Submitted Content delivered to this
Site, and Dennis has no obligation to monitor such Submitted Content. As such,
Dennis does not guarantee the accuracy, integrity or quality of any such
Submitted Content. However, Dennis reserves the right (but not the obligation)
in its sole discretion to edit, refuse to post or to delete any Submitted
Content, in whole or in part, that is in violation of these Terms & Conditions
or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Dennis further reserves the right at all times to preserve any Submitted
Content or to disclose any Submitted Content as necessary to satisfy any law,
regulation or governmental request or any good faith belief that such
preservation or disclosure is necessary to (a) comply with legal process; (b)
enforce these Terms & Conditions; (c) respond to claims that any Submitted
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Dennis, its guests and the public.
4. You understand that by using this Site, including its Forums, you may be
exposed to Submitted Content that is offensive, indecent or objectionable.
Under no circumstances will Dennis be liable in any way for any Submitted
Content, including, but not limited to, for any errors or omissions in any
Submitted Content, or for any loss or damage of any kind incurred as a result
of the use of any Submitted Content posted, emailed or otherwise transmitted
via this Site, including its Forums.
5. You understand that the comments of others displayed in connection with your
Submittted Content as used herein ("Third Party Comments"), may be disparaging,
defamatory, embarrassing, or otherwise be of an unfavorable nature and may
expose you to public ridicule, humiliation or condemnation. Dennis expressly
disclaims any liability for any Third Party Comments. You acknowledge and agree
that Dennis shall have the right (a) to include any Third Party Comments on the
Site and in any and all forms of advertising, promotion, and publicity for the
Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit
the Submitted Content with or without Third Party Comments in any manner, and
in any media, whether now existing or hereafter developed.
6. By registering, accepting these Terms & Conditions, and uploading Submitted
Content, you represent and warrant to Dennis the following: (a) you are at
least 18 years of age, (b) all of the information provided by you to Dennis to
enroll and participate in the Forums is correct and current; (c) you hold and
will continue to hold the necessary rights, including but not limited to all
copyrights, trademark rights and rights of publicity in the Submitted Content
to enter into this Agreement and to grant the rights granted herein; (d) you
are the creator of the Submitted Content you upload to this Site (or are
specifically authorized to upload the Submitted Content by the copyright
holder), and did not take any of its elements from a source such as another Web
site, publication, recording, film, or video; (e) you have made any required
payments to guilds, performing rights societies, or to any other body or group
representing authors, composers, musicians, artists, and other participants in
the production of the Submitted Content, or other entities having legal or
contractual rights of any kind to payments as a result of distribution or
exhibition of the Submitted Content; and (f) you have the legal right and
authority to agree to, perform the acts required of you, and to grant the
rights and licenses described in these Terms & Conditions.
7. It is a condition of your access and use of this Site that you do not:
a. Restrict or inhibit any other guest from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee
or representative of Dennis, 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 Submitted Content transmitted by means of this Site;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on this
Site any Submitted Content that you do not have a right to transmit 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, e-mail or otherwise distribute, publish or transmit on this
Site any unlawful, harmful, threatening, abusive, harassing, invasive of
another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including without limitation any
transmission constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on this
Site any Submitted Content that either involves nudity (including partial or
complete nudity of any person under age 18); exploits persons under age 18, or
discloses any personally identifying information about persons under age 18
h. Upload, post, e-mail or otherwise distribute, publish or transmit on this
Site any information, software or other material which violates or infringes
upon the rights of others, including material which is an invasion of privacy
or publicity rights or which is protected by patent, copyright, trademark,
trade secret or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on this
Site any information, software or other material which contains a virus 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, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on this
Site or in any way exploit any information, software or other material for
commercial purposes or which contains any form of solicitation (including, but
not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"),
advertising, promotion, marketing for goods or services, or any form of
lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other guests of this Site are able to type, or otherwise act in a manner that
negatively affects other guests' ability to engage in real time exchanges;
l. Interfere with or disrupt this Site or servers or networks serving this
Site, or disobey any requirements, procedures, policies or regulations of
networks connected to this Site;
m. Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
n. "Stalk" or otherwise harass another; or
o. Collect or store personal data about other guests.
8. By posting or submitting any materials (including but not limited to any
remarks, ideas, graphics, photos, comments, product concepts, advertising
concepts or ideas, and suggestions for improving or changing existing content)
to this Site, you automatically grant (or warrant that the owner of such rights
has expressly granted) to Dennis a royalty-free, non-exclusive, perpetual and
irrevocable worldwide right and license to use, reproduce, modify, publish and
distribute such materials or incorporate such materials into any form or
technology now known or later developed, and you waive any moral rights you may
have in having the material altered or changed in a manner not agreeable to
you. You further grant Dennis a non-exclusive, worldwide, royalty-free license
to use your name in connection with the Submitted Content, and to use the
Submitted Content for advertising and promotional purposes.
9. You warrant that any materials you upload, post, e-mail or otherwise
distribute, publish or transmit on this Site contains nothing that will give
rise to civil liability or otherwise violate any local, state, national or
foreign law, including nothing that is harmful, threatening, abusive,
harassing, invasive of another's privacy or publicity rights, defamatory,
obscene, vulgar, pornographic, profane or indecent, or that constitutes an
infringement of anyone's patent, copyright, trademark, trade secret or other
proprietary right, or derivative rights with respect thereto.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and
conditions of the sales transaction with the provider of the product. DENNIS
MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Dennis does not have any responsibility for the processing or delivery
of products purchased from this Site.
LINKED SITES
Blender.com may contain links and pointers to Internet sites maintained by
others ("Third Party Sites"). The appearance of a link does not imply Dennis'
endorsement. Dennis has not reviewed all of the Third Party Sites linked to
this Site and is not responsible for the contents of or any products or
services offered in such Third Party Sites. You access them at your sole risk,
and you should direct any concerns regarding any Third Party Site to its site
administrator or Webmaster.
JURISDICTIONAL ISSUES
This Site is controlled and operated by Dennis from its headquarters in New
York City, New York, United States of America. Dennis makes no representation
that materials in the Site are appropriate or available for use in other
locations. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable. This agreement shall be governed by,
construed and enforced in accordance with the laws of the State of New York,
without giving effect to any principles of conflicts of law, except as to any
provisions which may be governed by the laws of the United States, in which
case the latter shall govern. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in the state or
federal courts located in New York City and you hereby consent and submit to
the personal jurisdiction of such courts for the purposes of litigating any
such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. These Terms & Conditions, together with any other terms, conditions
or policies set forth elsewhere in this Site, constitute the entire agreement
between you and Dennis in connection with your access and use of this Site.
Dennis may, in its sole discretion, terminate or suspend your access to all or
part of this Site for any reason, including, without limitation, failure to
comply with any of these Terms & Conditions. Upon termination, you must destroy
all materials obtained from this Site and all copies thereof, whether made
under the terms of this agreement or otherwise. In the event of termination,
you are no longer authorized to access or use this Site, and the restrictions
imposed on you with respect to materials downloaded from this Site and the
disclaimers and limitations of liabilities set forth in this agreement shall
survive.
DISCLAIMER
Your access to and use of this Site is at your sole risk. If you are
dissatisfied with any of the materials contained in this Site, or with any of
these Terms & Conditions, your sole and exclusive remedy is to discontinue
accessing and using this Site. THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE
SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, DENNIS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH
IT IS LINKED. DENNIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR
ADVICE PROVIDED IN OR FROM THIS SITE. DENNIS 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 OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, Dennis and all officers,
directors, owners, employees, agents, information providers, affiliates,
licensors and licensees (all of the foregoing, collectively, the "Indemnified
Parties") shall in no event be liable for any claims, charges, demands,
damages, liabilities, losses, or expenses of whatever nature and howsoever
arising, including without limitation any compensatory, incidental, direct,
indirect, special, punitive, or consequential damages, loss of use, loss of
data, loss caused by a computer or electronic virus, loss of income or profit,
loss of or damage to property, claims of third parties, or other losses of any
kind or character, even if Dennis or the Indemnified Parties have been advised
of the possibility of such damages or losses, arising out of or in connection
with the use of this Site or any Web site with which it is linked. You assume
total responsibility for establishing such procedures for data backup and virus
checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Dennis and the
Indemnified Parties from and against any and all claims, charges, demands,
damages, liabilities, losses, and expenses of whatever nature and howsoever
arising (including but not limited to any legal or other professional fees and
the costs of defending or prosecuting any claim and any loss of profit,
goodwill, and any other direct or consequential loss) incurred or suffered by
Dennis and the Indemnified Parties, directly or indirectly, by reason of any
act or omission which you commit in breach of these Terms &#amp Conditions
(including but not limited to your obligations, representations and warranties
contained herein) and any other terms and conditions or policies set forth
elsewhere in this Site. You shall cooperate as fully as reasonably required in
the defense of any claim. Dennis reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason,
Dennis may edit, refuse to post or to delete any Submitted Content that you
post, in whole or in part, and may terminate or suspend your access to all or
part of this Site, that you have granted (or warranted that the owner of such
rights has expressly granted) to Dennis a royalty-free, nonexclusive, perpetual
and irrevocable right and license to use, reproduce, modify, publish and
distribute any Submitted Content that you post, such materials or incorporate
such materials into any form or technology now known or later developed, and
that you have waived any moral rights you may have in such Submitted Content,
you hereby agree that if you unsuccessfully prosecute a claim against Dennis
and/or any of the Indemnified Parties that arises from its exercise of its
rights to edit, refuse to post or to delete any Submitted Content that you
post, to terminate or suspend your access to all or part of this Site, to use
its royalty-free, nonexclusive, perpetual and irrevocable right and license to
use, reproduce, modify, publish and distribute any Submitted Content that you
post, or seeking to recover for violation of your moral rights, you agree to
reimburse Dennis and/or the Indemnified Parties for all costs of defending any
such claim, including but not limited to any legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select a password and a
subscriber ID. You also have to give us certain registration information,
including a valid e-mail address, all of which must be accurate and updated:
a. You may not (i) select or use a subscriber ID of another person with the
intent to impersonate that person; (ii) use a subscriber ID in which another
person has rights without such person's authorization; or (iii) use a
subscriber ID that Dennis, in its sole discretion, deems offensive. Failure to
comply with the foregoing shall constitute a breach of this Agreement, which
may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your
password, which you will not have to reveal to any representative or agent of
Dennis.
c. You shall notify Dennis at online_feedback@blender.com
of any known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password or credit card information.
d. You may share your password and subscriber ID with others, but you are
responsible for all usage or activity on your blender.com account, including
use of the account by any third party authorized by you to use your subscriber
ID and password. Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your account, at Dennis's sole discretion, and
Dennis may refer you to appropriate law enforcement agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including any
files or images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software"), is the copyrighted
work of the indicated author of the Software ("Author"). 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"). A guest to
this Site will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
Agreement terms. The Author retains full and complete title to the Software
itself and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse-engineer or otherwise disassemble the Software. DENNIS
MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Software from this Site is further subject to United States export
controls. No software from this Site may be downloaded or otherwise exported or
re-exported into (or to a national or resident of) any country to which the
United States has embargoed goods. By downloading or using the Software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country.
MINORS
This Site contains material that may not be appropriate for children. If there
is a concern by parents that children may visit this Site, Dennis recommends
using a parental control software package. Some sample parental software
packages include: Net Nanny (http://www.netnanny.com),
Cyber Patrol (http://www.cyberpatrol.com),
Cybersitter (http://www.solidoak.com).
Please be advised that Dennis does not endorse any one parental software
package. While no parental software package replaces careful supervision of
Internet use by children, these tools can be a useful addition to your suite of
Internet applications. Please read the blender.com Privacy Policy, in
particular the Policy for Minors, for more information regarding the collection
of personal information from children.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION
Dennis has a policy of responding to notices of alleged infringement that
comply with the Digital Millennium Copyright Act (DMCA), which may include
removing material claimed to be the subject of infringing activity. If Dennis
removes material to comply with the DMCA, we will attempt to contact the
provider of any Submitted Content so removed to enable them to make a counter
notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our
policy to document all notices of alleged infringement on which we act. A copy
of the notice will be sent to a third party who will make it available to the
public. Please note that you will be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that a product or activity is
infringing your copyrights.
To file a notice of infringement, you must provide us with a written notice
that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been
infringed.
- Detailed identification of the material you claim infringes this copyrighted
work.
- Information reasonably sufficient to permit Dennis to contact you (e-mail
address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted
materials described above on the allegedly infringing web pages is not
authorized by the copyright owner, its agent, or the law. I swear, under
penalty of perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
By email: Copyright@blender.com
By mail:
Harry Kanner, Esq.
Director of Legal Affairs
Dennis Publishing, Inc.
1040 Avenue of the America
New York, NY 10018
Tel: (212) 372-3871
For inquiries related to your subscription to Blender Magazine, to change the
address of your Blender Magazine subscription, or to provide any other
subscription-related information to Dennis, please contact: Blender, P.O. Box
420235, Palm Coast, FL 32142 or call 1-386-447-6312.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to
sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we
receive a counter notification, we will reinstate the material in question.
Please note that you will be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that a product or activity is not
infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that
includes each of the following items:
- Detailed identification of the material Dennis has removed.
- Your name, address, telephone number, e-mail address, and a statement that
you consent to the jurisdiction of Federal District Court for the judicial
district in which your address is located (or New York, New York if your
address is outside of the United States), and that you will accept service of
process from the person who provided notification under subsection (c)(1)(C) or
an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith
belief that each search result or message identified above was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled."
- Your signature.
Send the Counter Notification to the following address:
By email: Copyright@blender.com
By mail:
Harry Kanner, Esq.
Director of Legal Affairs
Dennis Publishing, Inc.
1040 Avenue of the America
New York, NY 10018
Tel: (212) 372-3871
For inquiries related to your subscription to Blender Magazine, to change the
address of your Blender Magazine subscription, or to provide any other
subscription-related information to Dennis, please contact: Blender, P.O. Box
420235, Palm Coast, FL 32142 or call 1-386-447-6312.
|