| :: Conditions of Use |
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07|SEP|2002 |
Thank you for visiting Biomutation Designs. The
Biomutation website has been made available to you
subject to your compliance with the terms and conditions
set forth below (the "Conditions of Use").
Please read this document carefully before accessing
or using the Biomutation website. By accessing
or using this website, you are agreeing to be bound
by the Conditions of Use. If you do not wish to
be bound by the Conditions of Use, you may not access
or use the website.
Electronic Communications
When you visit Biomutation or send e-mails to
Biomutation, you are communicating with Biomutation electronically, and thereby you are consenting
to receive communications electronically or by other
means available. Biomutation will communicate
with you electronically, by telephone or by facsimile.
It is further understood that all agreements, notices,
disclosures and other communications that are provided
to you electronically satisfy any legal requirement
that such communication be in writing.
Copyright and Licenses
The entire contents of this website, including but
not limited to: Text, graphics, logos, button icons,
Flash movies, images, audio clips, digital downloads,
data compilations, and software, are the property
of Biomutation, its content suppliers or it's
clients and are protected by Domestic and International
copyright and trademark laws. You may not modify,
copy, reproduce, republish, upload, post, transmit,
or distribute any portion of the website contents
without the prior express written consent of Biomutation. You may print or download portions of the materials
from various areas of this website solely for your
own non-commercial use provided that you agree not
to change or delete any copyright or proprietary
notices from the materials.
Your submissions of files including, but not limited
to: E-mail, flash movies, images, logos, audio clips,
and other software hereby constitutes your agreement
to grant Biomutation a non-exclusive, royalty-free,
worldwide, sub-licensable, perpetual license, to
reproduce, distribute, transmit, modify, adapt,
sub-license, and publicly display any such submissions.
You also grant Biomutation the right to utilize
your name in connection with all advertising, marketing
and promotional materials related thereto.
License and Website Access
Biomutation grants you limited license to access
and make personal use of this website and not to
download (other than for page caching purposes)
or modify it, or any portion of it, except with
the express written consent of Biomutation.
This website or any portion of this website may
not be reproduced, duplicated, adapted, copied,
sold, resold, transmitted or otherwise exploited
for any commercial purpose without the express written
consent of Biomutation. You may not frame, or
use any framing techniques to enclose any trademark,
logo, or other proprietary information (including
images, text, flash movie, page layout, or form)
of Biomutation without the express written consent
of Biomutation. You may not use META tags or
any other "hidden text" which utilize
biomutation.gfxdiary.com, Biomutation or any other
derivative of our domain or company name without
the express written consent of Biomutation.
You are hereby granted a limited, revocable, and
nonexclusive right to create a hyperlink to the
home page of Biomutation so long as the link
does not portray any false, misleading, derogatory,
or otherwise offensive matter.
It is further understood and agreed that Biomutation cannot and does not guarantee or warrant that
files made available for downloading through the
Biomutation website will be free of infection
or viruses, worms, Trojan horses or other code that
manifests contaminating or destructive properties.
It is your responsibility for implementing sufficient
safeguards and procedures to ensure that any files
obtained through Biomutation are free from such
contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED
BY BioMUTATION ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BioMUTATION MAKES NO
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION
OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
BioMUTATION DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. BioMUTATION DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM
BioMUTATION ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. BioMUTATION WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
BioMUTATION USES REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE.
BioMUTATION ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Third Party Links
Linked websites are not under the control of Biomutation and Biomutation is not responsible for the
contents of any linked site or any link contained
in a linked site. Biomutation provides links
to you only as a convenience, and the inclusion
of any link does not imply or constitute an endorsement
by Biomutation of the site.
Applicable Laws
By visiting the Biomutation website, you agree
that the laws of the United Kingdom, without regard
to principals of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that
might arise between you and Biomutation.
Disputes
Any dispute relating in ay way to your visit or
access of the Biomutation website or to the
products or services you purchase through the Biomutation website shall be submitted to binding arbitration
in Kilburn, London, except that, to the extent
you have in any manner violated or threatened to
violate Biomutation's intellectual property
rights, Biomutation may seek injunctive or other
appropriate relief in any state or federal court
in the state of Texas, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration
under these Conditions of Use shall be conducted
under the rules then prevailing of the American
Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration
under these Conditions of Use shall be joined to
an arbitration involving any other party subject
to these Conditions of Use, whether through class
arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless
Biomutation, its officers, directors, owners,
partners, employees, agents, licensors, suppliers
and any third party information provider to the
website from and against all losses, expenses, damages
and costs, including attorney's fees, resulting
from any violation of these Conditions of Use (including
negligent or wrongful conduct) by you or your use
and access of the Biomutation website.
International Use
Given the global nature of the Internet, you agree
to comply with all local rules including, without
limitation, rules about the Internet, data, e-mail,
privacy, copyright, and trademark infringement.
Additionally, you agree to comply with all applicable
laws regarding the transmission of technical data
exported from the United States or the country in
which you reside.
Other Provisions
Biomutation's failure to insist upon or enforce
strict performance of any provision of these Conditions
of Use shall not be construed as a waiver of any
provision or right. Neither the course of conduct
between the parties nor trade practice shall act
to modify any provision of these Conditions of Use.
Biomutation may assign its rights and duties
under these Conditions of Use to any party at any
time without notice to you. If any of these conditions
shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable
and shall not affect the validity or enforceability
of any remaining condition. Any rights not expressly
granted herein are reserved.
Modification of Conditions of Use
Biomutation reserves the right to change the
terms, conditions, and notices at any time, and
such modifications shall be effective immediately
upon posting of such changes. You are therefore
responsible for regularly reviewing these Conditions
of Use and additional terms or notices posted on
the Biomutation website. Your continued access
of this website shall be deemed your conclusive
acceptance of the modified agreement.
Request
Please send notices by care of e-mail to: bioalien[at]gmail.com |
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Revision: October
2004 |
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