CHANGELOG:
created 06-04-08
Please read the Terms
of Use carefully before accessing this web site or using media services
provided by Lytra Inc.
By logging onto,
merely browsing or using this web site in any way, including downloading
Content and using any Services (see Definitions below), Users agree to and are
bound by the terms and conditions set forth in this document and in any changes
thereto that Lytra, Inc. may publish from time to time. If you do not agree to all of the terms and conditions described here,
do not access or use this web site.
At its sole
discretion, Lytra, Inc. may change the Terms of Use and other guidelines and
rules posted on this web site from time to time. Accessing this web site and
using any Content or Services, constitutes your acceptance of the changes. Access to and use of this web site and
Services are subject to the current version of the Terms of Use, rules and
guidelines posted on this web site. Users are advised to regularly check the "Terms
of Use" link in order to view the current terms. If a User breaches
any of the Terms of Use, then Content downloaded or printed from this web site
in violation of the Terms of Use must be destroyed immediately. Lytra, Inc.
will store and protect User data such as an individual’s name and address, in
accordance with the Privacy Policy, the contents of which are incorporated by
reference into the Terms of Use. The following links are offered merely as a
convenience for reviewing various portions of the Terms of Use.
Lytra, Inc. and Third-party Agreements
Use of this web site and Services
Trademarks; Intellectual Property; Limited
License
Links to Third Party Web Sites
Governing Law, Jurisdiction and Language
Notification of Copyright Infringement
This
web site is designed, developed, maintained and copyright 2005-2008 All rights
reserved by Lytra Inc. "Content" means all information, data, scans,
documents, drawings, 3D animations, images, photographs, artwork, renderings,
diagrams, maps, plats, messages, files, text, graphics, videos, publications, instructions,
library files, and notices made available or enabled via this web site by Lytra,
Inc. "Services" means all functions and resources offered in
conjunction with or enabled via this web site by Lytra, Inc. such as writing,
designing, developing, editing and producing media. Any and all of the Content
and Services viewed within, uploaded to or downloaded from or in conjunction
with this web site is subject to the Terms of Use. “Visitors” are any
individuals who browse pages, open links, view Content and make inquiries with
Lytra Inc. “Clients” and “Vendors” are any individuals or business entities who
have acknowledged the provisions on the “Terms” page and who have contributed
to or accepted any Content and Services as proposed and produced by or through
the auspices of Lytra Inc. Visitors, Clients and Vendors may be defined
collectively as “Users.”
Outside
of this web site and its Content and Services, other agreements may govern the business
relationships between Lytra, Inc. and its Clients and Vendors. Agreements can
include Subscription, Consulting, Service, Change Order and Contractor
agreements among others. Users acknowledge
that agreements entered into with Lytra, Inc. are separate from and take
precedence over these Terms of Use regardless of when the agreements are
executed including before or during use of this web site. In any case where
there is a conflict between these Terms of Use and associated agreements, to
the extent any aspect of the Content and Services within this web site apply, the
provisions of such Lytra, Inc. agreements shall prevail. Accessing the Content
and utilizing the Services offered through this web site are offered as a
convenience for Users. Uploading, downloading, transmitting and modifying
Content and Services do not in any way alter, supercede, invalidate, amend or nullify
Lytra, Inc. agreements.
Content
and Services available through third party Vendors may be governed by separate
agreements. Lytra, Inc. offers no guarantees and assumes no responsibility or
liability of any type with respect to the Vendor services, including any
liability resulting from incompatibility between a Vendor service and this web
site and its Content and Services. This includes the use of any version of
browser or software applications used to view, print and modify Content
including programs for files with extensions such as, but not limited to PDF,
PSD, DWG, DXF, RVT, SKP, WMF, AVI and JPG. Furthermore, Users agree to not hold
Lytra, Inc. responsible or liable with respect to Vendor services.
Clients
and Vendors are responsible to pay all of their own costs and charges for
telephone and telecommunications services and equipment incurred in order to gain
access to or use this web site and its associated Content and Services. All contact
information provided by Users must be current, complete, accurate and up to
date. Clients and Vendors who are provided with an ID and password by Lytra,
Inc. are solely responsible to keep the ID, password and other sensitive
information confidential. If Users become aware of any unauthorized use of an
account or any other breach of security, they shall notify Lytra, Inc.
immediately. By accessing or using this web site and logging into this web site
and its Content and Services, Users consent to the use of such information via
such Services or Content and accept all risks of unauthorized access to such
information. Users agree to use the Services only to access, download, utilize,
post, send or receive information in an appropriate manner as related to the
particular Content or Services being accessed or used by each User. Examples of
prohibited activities include but are not limited to:
Lytra,
Inc. has no obligation to, but may at its sole discretion, monitor or review
the Content and Services at any time. Lytra Inc. may at any time without notice
and at its sole discretion terminate access to Content or the use of any Service
and disclose any information related to Users to comply with any applicable
law, regulation, legal process or governmental request. Users agree to use
extra care when disclosing any personally identifiable personal information.
The
trademarks, logos and service marks ("Marks") displayed on or within this
web site are the properties of Lytra, Inc. or other third parties. Users are
forbidden to use Marks without the prior written consent of the owner of the Mark.
Collectively described as "Intellectual Property Rights" this web
site and its Content and Services are protected by patents, trademarks,
copyrights, trade secrets and all other intellectual property and proprietary
rights including their display, selection and arrangement. Unauthorized use of this
web site and its Content or Services may violate applicable laws as well as the
Terms of Use. Except where written permission is provided, Lytra, Inc., Clients,
Vendors and their affiliates do not grant any express or implied rights to use this
web site and its Content and Services. Users agree not to download, transmit,
distribute, copy, modify, adapt, display, republish, create derivative works
based on, rent, lease, loan, sell, assign, license or sublicense this web site
Content or Services except as expressly authorized herein. This restriction
extends to reverse engineering any portion of this web site as well as its
Content or Services.
This
web site, Services or Content may include links that connect with other web
sites outside of this web site. These links are allowed by Lytra, Inc. as a
convenience to Users. The presence of any links does not imply endorsement by Lytra,
Inc. of any web site, Internet service, product or information source.
Furthermore, Lytra, Inc. does not have control of such web sites. Therefore,
users acknowledge and agree that Lytra, Inc. is not responsible for the
contents and services offered by any web site including any changes or updates
that may occur to such resources.
Users
are solely and entirely responsible for all Content that is posted or otherwise
submitted to or associated with this web site. Users shall assume all risks
associated with the use of Content including any reliance on its accuracy,
completeness or usefulness. Lytra, Inc. does not guarantee the accuracy,
integrity or quality of the Content or Services. Furthermore, Users acknowledge
that by using this web site or Services, they may be exposed to Content that is
offensive, indecent or otherwise objectionable.
All
Content posted on or otherwise submitted to or associated with this web site
and Services shall not be considered confidential information or trade secrets
owned by any User or any other party. Lytra, Inc. does not pre-screen Content;
however, it may remove any Content submitted to this web site or via any
Service for any reason without notice in their sole discretion. By posting or
submitting Content, users represent and warrant that they own or otherwise
control all of the Intellectual Property Rights and other rights to their Content
as described in these Terms of Use, including all the rights necessary to post
or submit Content.
In
addition, by posting or otherwise submitting Content that contains images,
photographs, pictures, videos or that are otherwise graphical in whole or in
part ("Images"), Users represent and warrant to either owning the
copyright in such Images, or that all necessary license(s) to use such Images,
or portions thereof or having the rights necessary to grant the licenses and
sublicenses described in these Terms of Use including the distribution, public
display, public performance and reproduction of such Images.
SERVICES
AND CONTENT ARE PROVIDED BY LYTRA, INC. UNDER THESE TERMS OF USE "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, LYTRA, INC. MAKES NO WARRANTY THAT (i) THIS WEB SITE,
SERVICES OR CONTENT WILL MEET USER REQUIREMENTS; (ii) THIS WEB SITE, SERVICES
OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, SERVICES OR CONTENT
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THIS WEB SITE OR
ANY SERVICES OR CONTENT PURCHASED OR ACCESSIBLE BY USERS WILL MEET THEIR
EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THIS WEB SITE, SERVICES OR CONTENT
WILL BE CORRECTED.
THIS
WEB SITE, SERVICES AND CONTENT MAY INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. LYTRA, INC. MAY MAKE CHANGES TO THIS WEB
SITE, CONTENT AND SERVICES, AT ANY TIME AT ITS SOLE DISCRETION AND WITHOUT
NOTICE. THIS WEB SITE, CONTENT AND SERVICES MAY BE OUT OF DATE, AND LYTRA, INC.
MAKES NO COMMITMENT TO UPDATE THIS WEB SITE, CONTENT AND SERVICES.
USERS
ACKNOWLEDGE AND AGREE THAT: (i) LYTRA, INC. DOES NOT CONTROL, ENDORSE, OR
ACCEPT RESPONSIBILITY FOR ANY CONTENT OR SERVICES OFFERED BY THIRD PARTIES,
INCLUDING THIRD-PARTY SUPPORT PERSONNEL AND THIRD PARTIES ACCESSIBLE THROUGH
LINKED WEB SITES; (ii) LYTRA, INC. AND THE SUBSCRIBER MAKE NO REPRESENTATIONS
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT OR SERVICES;
(iii) ANY DEALINGS USERS MAY HAVE WITH SUCH THIRD PARTIES ARE AT THEIR OWN
RISK; AND (iv) LYTRA, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT
OR SERVICES OFFERED BY THIRD PARTIES.
LYTRA,
INC. DOES NOT EXCLUSIVELY CONTROL OR ENDORSE THE CONTENT FOUND IN ANY SERVICES
AND SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO THIS WEB SITE, SERVICES
AND ANY ACTIONS RESULTING FROM USE OF THIS WEB SITE AND CONTENT AND
PARTICIPATION IN ANY SERVICES. THIRD PARTIES ARE NOT AUTHORIZED SPOKESPERSONS FOR
LYTRA, INC. AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF LYTRA, INC. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, LYTRA, INC. WILL HAVE NO LIABILITY RELATED
TO SUBSCRIBER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL,
PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. LYTRA, INC. ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF
ANY CONTENT.
THE
USE OF THIS WEB SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT
IS DONE AT THE USER’S OWN DISCRETION AND RISK AND WITH AGREEMENT THAT THE USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. LYTRA, INC. ASSUMES NO
LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS
DOWNLOADED TO A USER’S COMPUTER FROM THIS WEB SITE OR IN CONNECTION WITH ANY
SERVICES OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USERS FROM LYTRA, INC. OR VIA THIS WEB SITE, SERVICES OR CONTENT
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. LYTRA, INC.WILL
NOT BE LIABLE FOR ANY LOSS THAT USERS MAY INCUR AS A RESULT OF SOMEONE ELSE
USING THEIR PASSWORDS OR ACCOUNTS WITH RESPECT TO THIS WEB SITE OR ANY SERVICES
OR CONTENT, EITHER WITH OR WITHOUT THE USER’S KNOWLEDGE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITA-TIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY
(90) DAYS.
IN
NO EVENT SHALL LYTRA, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO USERS OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE
OR IF LYTRA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT
OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS
OR USE THIS WEB SITE, SERVICES, OR CONTENT; (2) THE STATEMENTS OR ACTIONS OF
ANY THIRD PARTY ON OR VIA THIS WEB SITE, SERVICES OR CONTENT; (3) ANY DEALINGS
WITH SUPPORT PERSONNEL OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO
OR ALTERATION OF USER TRANSMISSIONS, CLIENT CONTENT OR OTHER DATA; (5) ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE
TO STORE OR LOSS OF DATA, FILES, CONTENT OR OTHER CONTENT; (7) ANY SERVICES
AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS WEB SITE; OR (9) A USER’S ACCESS TO OR USE OF OR INABILITY
TO ACCESS OR USE ANY LINKED WEB SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET
This
web site is controlled by Lytra, Inc. from its offices in Virginia,
Lytra,
Inc. will, at its sole discretion or at the request of a User respond to notices
of copyright infringement and initiate appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2)
("DMCA"). When a User believes that a work has been used or copied in
a way that constitutes copyright infringement and that the infringement is
occurring within this web site or in connection with the Services or Content, Users
are requested to provide a written claim of copyright infringement to the
Designated Agent for this web site (identified below). Claims must include the
following elements:
The
Designated Agent for Notice of claims of copyright infringement can be reached
as follows:
Lytra,
Inc.
Users
agree to indemnify and hold Lytra, Inc. collectively and severally, and their
officers, co-branders, other partners and employees harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of: (a) Lytra, Inc. or Client Content and any other content (e.g.
computer viruses) that Users may submit, post to or transmit through this web
site including a third party’s use of such Content (e.g. reliance on the
accuracy, completeness or usefulness of Lytra, Inc. or Client Content); (b) User
access to or use of this web site, Services or Content (including any use by
employees, contractors or agents, whether or not actually or expressly
authorized by the User, in connection with this web site or any Services or Content);
(c) User connection to this web site, Services or Content; (d) User violation
of the Terms of Use; (e) User infringement of any third party’s Intellectual
Property Rights when using any Content made available from this web site and Services
or in any Content; (f) User violation of any rights of any third party; or (g) User
access to or use of linked web sites and connections thereto.
The
Terms of Use and other rules, guidelines, licenses and disclaimers posted via this
web site or in connection with the Content and Services constitute the entire
agreement between Lytra, Inc. and its Users with respect to access to or use of
this web site, Content and Services superseding any prior agreements between Users
and Lytra, Inc. on such subject matter (including any prior versions of the
Terms of Use). Notwithstanding the foregoing, to the extent that any terms set
forth in the Terms of Use expressly contradict any terms of a written agreement
between Lytra, Inc. and the User Subscriber regarding the use of specific
Services or Content (including Service-specific terms of use and
Software-specific licenses), that is to say "Executed Agreement",
such contradictory terms set forth in the Executed Agreement shall govern. Users
may also be subject to additional terms and conditions that may apply when using
other Lytra, Inc. or Subscriber services, third party content or third party
software. Users may not assign or otherwise transfer the Terms of Use nor any
right granted hereunder without the prior written consent of both Lytra, Inc.
and the Subscriber. If for any reason a court of competent jurisdiction finds
any provision of the Terms of Use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and effect. Any
failure by Lytra, Inc. or the Subscriber to enforce or exercise any provision
of the Terms of Use or related right shall not constitute a waiver of that
right or provision. The section titles used in the Terms of Use are purely for
convenience and carry with them no legal or contractual effect.