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Welcome to the website (the "website") of Macromedia,
Inc. ("Macromedia"). On this website, Macromedia
makes available to you a wide range of information, software,
products, downloads, documents, communications, files, text,
graphics, publications, content, tools, forums, resources,
and services.
Read our:
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| Trademark
Usage Guideline |
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| PLEASE READ THE
TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing
and using this website in any way, including, without limitation,
browsing the website, using any information, using any content,
using any services, downloading any materials, and/or placing
an order for products or services, you agree to and are bound
by the terms of use described in this document ("Terms
of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS
WEBSITE IN ANY MANNER. The Terms of Use are entered into by
and between Macromedia and you. If you are using the website
on behalf of your employer, you represent that you are authorized
to accept these Terms of Use on your employer's behalf.
Macromedia reserves the right, at Macromedia's sole discretion,
to change, modify, update, add, or remove portions of the
Terms of Use at any time without notice to you. Please check
these Terms of Use for changes. Your continued use of this
website following the posting of changes to the Terms of
Use will mean you accept those changes.
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All materials contained in the website are the copyrighted
property of Macromedia, its subsidiaries, affiliated companies
and/or third-party licensors. All trademarks, service marks,
and trade names are proprietary to Macromedia, or its subsidiaries
or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services
on this website are for your personal and non-commercial
use, and you may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software,
products or services obtained from the website without the
written permission from Macromedia.
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| Macromedia respects
your desire for privacy. Macromedia's Privacy Policy can be
found at www.macromedia.com/help/privacy.html.
By using the website, you are consenting to the processing
of your data by Macromedia and consenting to the terms of
our Privacy Policy. |
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Any software that is made available to download from the
website ("Software") is the copyrighted work of
Macromedia and/or its suppliers. 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"), or as expressly stated
on the website pages accompanying the software. An end user
will be unable to download or install any Software that
is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made available for download solely for
use by end users according to the License Agreement. Any
use, reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Absent a License Agreement that accompanies the Software,
use of the Software will be governed by the Terms of Use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, MACROMEDIA, INC. HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MACROMEDIA MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS MATERIALS OR SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MACROMEDIA
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY
SUCH TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES OR IN MACROMEDIA SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded
from the website for or on behalf of the United States of
America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at
48 CFR 52.227-19, as applicable. Manufacturer is Macromedia,
Inc., 600 Townsend Street, San Francisco, CA 94103.
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Except as expressly prohibited on this website, you are
permitted to view, copy, print and distribute publications
and documents within this website (such as FAQs, white papers,
datasheets, press releases and so on), subject to your agreement
that: a) your use of the information is for informational,
personal, and non-commercial purposes only, b) you will
not modify the documents, publications or graphics, c) you
will not copy or distribute graphics separate from their
accompanying text and you will not quote materials out of
their context, d) you will display the below copyright notice
and other proprietary notices on every copy you make, and
e) you agree that Macromedia may revoke this permission
at any time and you shall immediately stop your activities
related to this permission upon notice from Macromedia.
Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
The permission above to use documents and publications
does not include permission to copy the design elements,
look and feel, or layout of this website. Those elements
of the website are protected by law, such as trade dress,
trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic,
sound or image from the website may be copied or retransmitted
unless expressly permitted by Macromedia.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MACROMEDIA AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE
FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, MACROMEDIA AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MACROMEDIA AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
MACROMEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME WITHOUT NOTICE.
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION,
SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION
ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND
AND MACROMEDIA HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MACROMEDIA
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR
QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE
OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL
RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION
WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS.
THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MACROMEDIA
ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY
FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
MACROMEDIA MAY MAKE CHANGES TO THE WEBSITE, INFORMATION,
SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL
SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION
AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED
INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES
TO MACROMEDIA PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE
NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES
DO NOT IMPLY THAT MACROMEDIA INTENDS TO ANNOUNCE SUCH PRODUCTS,
PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL
MACROMEDIA BUSINESS CONTACT FOR INFORMATION REGARDING THE
PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO
YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE
NOT UNDER THE CONTROL OF MACROMEDIA AND MACROMEDIA IS NOT
RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO
SUCH SITES. MACROMEDIA IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. MACROMEDIA IS PROVIDING THESE LINKS TO YOU ONLY AS
A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
THAT MACROMEDIA ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR
THE CONTENT ON SUCH THIRD-PARTY SITES.
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| If any of the services
on the website requires you to open an account, you must complete
the registration process by providing us with true, current,
complete and accurate information as prompted by the applicable
registration form, and you will maintain and promptly update
such information to keep it true, current, complete and accurate.
You also will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for
any and all activities that occur under your account. You
agree to notify Macromedia immediately of any unauthorized
use of your account or any other breach of security. Macromedia
will not be liable for any loss that you may incur as a result
of someone else using your password or account, either with
or without your knowledge. However, you could be held liable
for losses incurred by Macromedia or another party due to
someone else using your account or password. You may not use
anyone else's account at any time, without the permission
of the account holder. You acknowledge and agree that certain
services may provide password-restricted access to customer
information such as names and certain terms of your contracts.
By using this website and registering for such services, you
consent to Macromedia's display of such information via the
services and accept all risks of unauthorized access to such
information. If you provide any information that is false,
inaccurate, out of date, or incomplete, or Macromedia has
reasonable grounds to suspect that such information is false,
inaccurate, not current, or incomplete, Macromedia may suspend
or terminate your account and refuse any and all current or
future use of the services or any portion thereof. You are
responsible for all costs and charges, including without limitation,
phone charges and telecommunications equipment, that you incur
in order to use the services. |
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| As a condition
of your use of the website, you will not use the website for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Services in any
manner that could damage, disable, overburden, or impair any
Macromedia server, or the network(s) connected to any Macromedia
server, or interfere with any other party's use and enjoyment
of the website. You may not attempt to gain unauthorized access
to services, materials, other accounts, computer systems or
networks connected to any Macromedia server or to the website,
through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available through
the website. |
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| The website may
contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars,
photo albums and/or other message or communication facilities
designed to enable you to communicate with others (each a
"Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services
only to post, send and receive messages and material that
are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services or the
website, you will not: |
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Use the Communication Services
or the website in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial
or otherwise). |
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Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. |
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Publish, post, upload,
distribute or disseminate any inappropriate, profane,
defamatory, obscene, obscene as to minors, child pornography,
racist, lewd, lascivious, filthy, excessively violent,
harassing, indecent, unlawful, or otherwise objectionable
topic, name, material or information. |
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Upload, or otherwise make
available, files that contain images, photographs, software
or other material protected by intellectual property
laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same. |
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Use any material or information,
including images or photographs, which are made available
through the website in any manner that infringes any
copyright, trademark, patent, trade secret, or other
proprietary right of any party. |
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Upload files that contain
viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs
that may damage the operation of another's computer
or property of another. |
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Advertise or offer to sell
or buy any goods or services for any business purpose,
unless such Communication Services specifically allows
such messages. |
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Download any file posted
by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner. |
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Falsify or delete any copyright
management information, such as author attributions,
legal or other proper notices or proprietary designations
or labels of the origin or source of software or other
material contained in a file that is uploaded. |
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Restrict or inhibit any
other user from using and enjoying the Communication
Services. |
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Violate any code of conduct
or other guidelines which may be applicable for any
particular Communication Service. |
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Harvest or otherwise collect
information about others, including e-mail addresses. |
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Violate any applicable
laws or regulations. |
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Create a false identity
for the purpose of misleading others. |
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Use, download or otherwise
copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Communication
Services or other user or usage information or any portion
thereof. |
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Use any Macromedia domain
name as a pseudonymous return email address for any
communications that you transmit from another location
or through another service. |
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Transmit unsolicited or
bulk communications to any Macromedia account holder
or to any Macromedia.com or affiliated email address
(regardless of whether you use the website to transmit
any such communication). |
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Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster
than other users of the website are able to type, or
otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges. |
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Macromedia has no obligation to monitor the Communication
Services. However, Macromedia reserves the right to review
materials posted to the Communication Services and to remove
and/or edit any materials in its sole discretion. Macromedia
reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice,
for any reason whatsoever.
Macromedia reserves the right at all times to disclose
any information as Macromedia deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Macromedia's sole
discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Macromedia does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, Macromedia specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication Services.
Managers and hosts are not authorized Macromedia spokespersons,
and their views do not necessarily reflect those of Macromedia.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such
limitations if you download the materials.
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Unless otherwise specified, Macromedia does not claim ownership
of the materials you provide to Macromedia (including, without
limitation, information, ideas, concepts, techniques, feedback,
data, questions, comments and suggestions, or the like)
or post, upload, input or submit to the website or its associated
services for review by Macromedia, the general public, and/or
by the members of any public or private community (each
a "Submission" and collectively "Submissions"),
and such Submissions shall be deemed not to be confidential.
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are
granting Macromedia, its affiliated companies and necessary
sublicensees permission to use your Submission in connection
with the operation of their businesses (including, without
limitation, all Macromedia services), including, without
limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, modify,
translate and reformat your Submissions; to publish your
name in connection with your Submission; develop, manufacture,
and market products incorporating such ideas, concepts,
or techniques, and the right to sublicense such rights to
any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Macromedia is under
no obligation to post or use any Submission you may provide
and Macromedia may remove any Submission at any time in
its sole discretion.
By Posting a Submission you warrant and represent that
you own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that
(a) you are the copyright owner of such Images, or that
the copyright owner of such Images has granted you permission
to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of
your use and as otherwise permitted by these Terms of Use
and the website, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you
are granting (a) to all members of your private community
(for each such Images available to members of such private
community), and/or (b) to the general public (for each such
Images available anywhere on the website, other than a private
community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any
of the services or materials on the website (including,
by way of example, and not as a limitation, making prints
and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, modify, translate and
reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to
any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of
your Images.
You acknowledge that Macromedia does not pre-screen Submissions,
but that Macromedia and its designees have the right (but
not the obligation) in their sole discretion to block or
restrict access to or the availability of, or to disable,
any Submissions that is available via the website. Without
limiting the foregoing, Macromedia and its designees may
disable, restrict access to or the availability of, any
Submissions that violates the Terms of Use or is otherwise
objectionable. You must evaluate, and bear all risks associated
with, the use of any Submissions, including any reliance
on the accuracy, completeness, or usefulness of such Submissions.
You understand that all Submissions, whether publicly posted
or privately transmitted, are the sole responsibility of
the person from whom such Submissions originated. This means
that you, and not Macromedia, are entirely responsible for
all Submissions that you upload, post, provide, input, submit,
or otherwise transmit via the website. Macromedia does not
control the Submissions posted via the website and, as such,
does not guarantee the accuracy, integrity or quality of
such Submissions. You understand that by using the website,
you may be exposed to Submissions from others that are offensive,
indecent or objectionable.
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| Macromedia will
investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title
17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, written notification of claimed copyright
infringement must be submitted to the following Designated
Agent for this website: |
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Service provider(s):
Macromedia, Inc.
Name of agent designated to receive notification of
claimed infringement:
Loren Hillberg
Full address of designated agent to which notification
should be sent:
600 Townsend Street
San Francisco, CA 94103
Telephone number of designated agent:
(415) 252-2000
Facsimile number of designated agent:
(415) 626-0274
E-mail address of designated agent:
lhillberg@macromedia.com
To be effective, the Notification must include the following:
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A physical or electronic
signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. |
| 2. |
Identification of the copyrighted
work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered
by a single notification, a representative list of such
works at that site. |
| 3. |
Identification of the material
that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate
the material. |
| 4. |
Information reasonably
sufficient to permit the service provider to contact
the complaining party, such as an address, telephone
number, and if available, an electronic mail address
at which the complaining party may be contacted. |
| 5.. |
A statement that the complaining
party has a good faith belief that use of the material
in the manner complained of is not authorized by the
copyright owner, its agent, or the law. |
| 6. |
A statement that the information
in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that
is allegedly infringed. |
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| MACROMEDIA OR ANY
OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN MACROMEDIA'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MACROMEDIA. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO MACROMEDIA OR ANYONE
AT MACROMEDIA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT MACROMEDIA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. |
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| You agree that
Macromedia would be irreparably harmed by the use, by you
or others, of the website or facilities in connection with
the transmission of spam newsgroup postings or unsolicited
e-mail in violation of these Terms of Use, and that Macromedia
is entitled to obtain injunctive relief against any such transmission
(in addition to all other remedies available at law or in
equity). Macromedia reserves the right to block, filter or
delete unsolicited e-mail. |
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| You agree to indemnify,
defend and hold Macromedia, and its subsidiaries, affiliates,
officers, agents, co-branders, partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
Submissons, your use of the website, including any use by
your employees, your connection to the website, your violation
of the Terms of Use, or your violation of any rights of another. |
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| Macromedia may
run advertisements and promotions from third parties on the
website. The manner, mode and extent of advertising by Macromedia
is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers other
than Macromedia found on or through the website, including
payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
Macromedia is not responsible or liable for any loss or damage
of any kind incurred as the result of any such dealings or
as the result of the presence of such non-Macromedia advertisers
on the website. |
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COPYRIGHT NOTICE: Copyright © 1995-2002 Macromedia,
Inc., 600 Townsend Street, San Francisco, CA 94103 USA.
All Rights Reserved. Use, duplication, or disclosure by
the United States Government is subject to the restrictions
set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
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If you have been granted a right to use a trademark of
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The Terms of Use constitute the entire agreement between
you and Macromedia and govern your use of the website, superseding
any prior agreements between you and Macromedia on the subject
matter (including, but not limited to, any prior versions
of the Terms of Use). Notwithstanding the prior provision,
to the extent, and only to the extent, that any terms set
forth in this Terms of Use expressly contradicts any terms
of a prior written agreement between you and Macromedia
in effect as of the date of your use of the website and
specifically regarding your use of the website ("Executed
Agreement"), such contradictory terms set forth in
the Executed Agreement shall govern. You also may be subject
to additional terms and conditions that may apply when you
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software. You must not assign or otherwise transfer the
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California law and controlling U.S. federal law govern
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disclaim the U.N. Convention on Contracts for the International
Sale of Goods.
Macromedia controls and operates this website from its
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America and makes no representation that this website is
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you use this website from other locations, you are responsible
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You acknowledge and agree that material on this website
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Diversion of such material contrary to U.S. law is prohibited.
You agree that none of the material on this website, nor
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The failure of Macromedia to exercise or enforce any right
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