READ THESE TERMS AND CONDITIONS CAREFULLY AS IT APPLIES TO YOU. AURORA GRAPHICS PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN AURORA GRAPHICS AND YOU, AND YOU ACCEPT THEM BY:
- (a) PLACING AN ORDER THROUGH THIS WEBSITE;
- (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR
- (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OR DOWNLOAD ANY CONTENT FROM THIS SITE.
These terms and conditions of use (“Terms”) apply to your use of this website (the “Site”), and do not alter in any way the License Agreement you enter into by purchasing and downloading content from Aurora Graphics website. By using this Site, you represent and guaranty that you are lawfully able and willing to accept these Site Terms. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, You are at least 18 years of age, and that Your employer, or other entity, agrees to indemnify You and Aurora Graphics for violations of these Terms, and that such employer or entity agrees to compensate Aurora Graphics for violations of these Site Terms.
Ownership of the ‘Site’ and its ‘Contents’
This Site is owned entirely by Aurora Graphics. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, videos, sound, tutorials, modeler, Flash and the digital images and configuration thereof (“Aurora Graphics Content”) collectively refered to as “The Site” is owned by Aurora Graphics.
All elements of The Site, including all Aurora Graphics Content, are protected by copyright, trade dress, trademark and all other laws relating to the protection of intellectual property. Violating any of these rights can result in termination of your account as well as legal action sought by Aurora Graphics as remedy to any and all violations referenced herein.
Use of the Website
This Site as well as Aurora Graphics Content is intended for customers of Aurora Graphics only. You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction. You are specifically prohibited from: (1) downloading, copying, or re-transmitting any or all of the Site or the Aurora Graphics Content without, or in violation of, a written license or agreement with Aurora Graphics; (2) manipulating or otherwise displaying the Site or the Aurora Graphics Content by using frames or similar digital technology; (3) using the Site or the Aurora Graphics Content other than for its intended purpose. (4) Unauthorized Site Use may also violate applicable laws including, but without limitation, copyright and trademark laws. You may not attempt to gain unauthorized access to any parts of The Site or any Aurora Graphics accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of The Site or any Aurora Graphics computer systems or networks. You may not use any robot, spider, web scraper, web grabber, or other digitally automated means to access The Site.
Aurora Graphics trademarks, the Aurora Graphics logo, and any other product name contained in the Aurora Graphics Site are trademarks of Aurora Graphics and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aurora Graphics. You may not use metatags or any other “hidden text” utilizing “Aurora Graphics” or any other name, trademark or product name of Aurora Graphics in any other website without our explicit, prior written permission from Aurora Graphics. In addition, the look and feel of the Site, including page headers, footers, custom graphics, buttons, or Graphical Interfaces are trademark and/or trade dress of Aurora Graphics and may not be copied, imitated or used, in whole or in part, without prior written permission from Aurora Graphics.
Registration Data and Account Security
In compensation of your use of the Aurora Graphics Site, you agree to: (a) provide accurate, current and complete information about you and your company as prompted by registration forms on the Site (b) maintain the privacy of your username and password at all times (c) accept all responsibility for any and all activities that occur under your account (d) maintain and in a timely fashion, update your account registration information, and any other identifying data you provide to Aurora Graphics, to keep it current, accurate and complete (e) notify Aurora Graphics immediately of any unauthorized use of your account or other breach of security that may occur (f) accept all known and unknown risks of unauthorized access to the registration data and any other information you provide to Aurora Graphics.
You agree to defend, indemnify and hold harmless Aurora Graphics, its licensors, employees, representatives and agents against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your prohibited use of the Aurora Graphics Content, or violation of the Terms (or) License associated with the Aurora Graphics site.
Any and all disputes relating in any use of the Site or the Aurora Graphics Content shall be submitted for arbitration in Wichita, Kansas with the exception that, if you have in any manner violated Aurora Graphics intellectual property rights, Aurora Graphics may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by an arbitrator under the rules currently prevailing of the American Arbitration Provision. 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 this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms (or) License, Aurora Graphics reserves the right, without notice and in its sole discretion, to: disable, suspend or terminate your account and/or to block your use of the Site without prior notice or liability to you. If you are dissatisfied with the Aurora Graphics Website or with any terms, conditions, rules, or policies your sole and exclusive remedy is to discontinue using the Aurora Graphics Website. Aurora Graphics will terminate a user’s account and access to the Aurora Graphics Website if the user is determined to be an infringer of Aurora Graphics copyright (or) license, including but not limited to Site Terms violation(s).
Changing of Site Terms
Aurora Graphics reserves the right to change any of the Terms and Conditions contained in the Site Terms or Site Policy(s) at any time and at its sole discretion. Any changes will be effective immediately upon posting on Aurora Graphics Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit our website.
THIS SITE AND THE ENTIRE AURORA GRAPHICS CONTENT LIBRARY ARE PROVIDED “AS IS” AND AURORA GRAPHICS, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. AURORA GRAPHICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE AURORA GRAPHICS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT AURORA GRAPHICS, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIRS OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE AURORA GRAPHICS CONTENT. THOUGH AURORA GRAPHICS MAKES EVERY ATTEMPT TO PROTECT THE SITE AND YOU, THE CUSTOMER, WE MAKE NO WARRANTY THAT THE SITE OR THE AURORA GRAPHICS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANY OTHER MALICIOUS THREAT THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability
IN NO EVENT SHALL AURORA GRAPHICS, ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE AURORA GRAPHICS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AURORA GRAPHICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AURORA GRAPHICS RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AURORA GRAPHICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AURORA GRAPHICS FOR ACCESS TO OR USE OF THE SITE.