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Terms & Conditions
Welcome to butterflyimaging.com provided
to you by Precision Data Imaging Inc. These Terms and Conditions govern
your use of the butterflyimaging.com site and the services provided
through this site. Your acceptance of these Terms and Conditions by
submitting your Order Form creates a binding legal contract by which the participant'(s) agrees to accept and be bound by the terms and
conditions on this website. Please read the following Terms and
Conditions carefully. These Terms and Conditions may change from time to
time so please check back periodically. If you have any questions
regarding these Terms and Conditions, please contact us you can find our
contact information located on the Contact us link above.
Trademark, Copyrights and Contents
This Policy is intended to provide a general understanding of correct
trademark usage. The requirements defined in this document apply to all
butterflyimaging.com departments, divisions, subsidiaries, and
affiliates. They also apply to any individual or entity who has
butterflyimaging.com permission to use the butterflyimaging.com name or
logo or any other trademark owned by butterflyimaging.com, including but
not limited to resellers, developers, customers, advertising agencies,
consultants, professional writers and editors, licensees and other third
parties making reference to butterflyimaging.com trademarks. This Policy
will be modified from time to time as butterflyimaging.com deems
appropriate.
The images referenced, made accessible or made
available to you on these pages or by other means of are
protected by the copyright and trademark laws of the United States
and other countries. Although you are permitted to locate and access
the images through our site, you may need to obtain authorization
from butterflyimaging.com of such materials before using them for
any purpose other than viewing on the web. For authorizations to use
an image, please contact us directly thru our contact us page.
Butterflyimaging.com asks our users to respect the intellectual
property of others. Pursuant to the Digital Millennium Copyright
Act, 17 U.S.C. sec. 512 ("the DMCA"), butterflyimaging.com has
designated an agent to receive Notifications of Claimed Copyright
Infringement on its site, who can be reached as follows:
Legal Dept
ATTN: Copyright Agent
54 South Long Beach Road
Rockville Centre, NY 11570
If you believe in good faith that your work has been
copied in a way that constitutes copyright infringement, please provide
butterflyimaging.com's copyright agent the following:
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Your address, telephone number, and email
address;
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A description of the copyrighted work that you
claim has been infringed;
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A description of where the material that you
claim is infringing is located on the Site;
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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;
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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;
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An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest.
Pursuant to the DMCA, once we receive a properly
prepared Notification asserting copyright infringement, we will de-link
the allegedly infringing site until we receive a properly prepared
Counter-Notification. Even after we de-link an allegedly infringing
site, it is possible that the site will reappear once a further search
is run, due to the technology that many search engines employ in
conducting searches for our users. Therefore, a more effective way to
remove allegedly infringing material is by filing a Notification of
Claimed Copyright Infringement with the Internet service provider that
hosts the website.
No Warranties
This Site is distributed on an "as is" or “as available” basis.
butterflyimaging.com makes no representations or warranties regarding
the accuracy, reliability or completeness of this Site’s content,
whether posted by butterflyimaging.com by a third-party user of the
Site, or the content of any site linked from this Site. To the extent
permissible by applicable law, butterflyimaging.com, and their sponsors
disclaim all warranties, express or implied, including, but not limited
to, non-infringement, warranties of title, implied warranties of
quality, performance, merchantability, fitness for a particular purpose,
security and accuracy. Further, butterflyimaging.com does not warrant
that this Site or the server that makes it available is free of computer
viruses.
You expressly warrant
and agree that any material downloaded or otherwise obtained through the
use of this Site is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or
network or any loss of data that results from the download of any such
material.
Linked Internet Sites
butterflyimaging.com prohibits caching, unauthorized hypertext links to
this Site and the framing of any materials available through this Site.
The unauthorized sale of products or services and related payment
hypertext links are prohibited on this Site.
butterflyimaging.com reserves the right to disable any unauthorized
links or frames and specifically disclaims any responsibility for the
contents of any other Internet sites linked to this Site. Access to any
other Internet sites linked to this Site is at the Members’ own risk.
Members should be aware that linked sites may contain rules and
regulations, Privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions that
differ from the provisions provided on this Site. butterflyimaging.com
is not responsible for such provisions, and expressly disclaims any and
all liability related to such provisions.
Dispute Resolution/Jurisdiction
Governing Law. butterfly.com's
headquarters are located in New York. You agree that the laws of the
state of New York, will govern this Agreement and any dispute that might
arise between you and us, without regard to conflict of law principles.
This Site is intended to be viewed by residents of the United States.
Arbitration. All disputes
arising out of or relating to this Agreement or the Site shall be
resolved by binding arbitration conducted in New York, pursuant to the
rules of the American Arbitration Association. However, you agree that
we shall be entitled to obtain preliminary injunctive relief in court to
enforce any of the terms of this Agreement, or to enforce our
intellectual property rights, pending a final determination in
arbitration. You consent to the exclusive jurisdiction and venue of
state and federal courts located in New York for such purpose.
Complete Agreement; Construction.
This Agreement constitutes the entire agreement between you and us
relating to your access and use of this Site and supercedes any prior or
contemporaneous representations or agreements. If any portion of this
Agreement is ruled invalid or otherwise unenforceable, it shall be
deemed amended in order to achieve, as closely as possible, the same
effect as originally drafted, and all the other portions of this
Agreement shall remain in effect.
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