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Legal Disclaimers - The American Society of Architectural Illustrators (ASAI)

legal disclaimer

AMERICAN SOCIETY OF ARCHITECTURAL ILLUSTRATORS SITE - TERMS OF USE

These terms and conditions of use ("terms") apply to the website, located at www.asai.org, and all subsidiary pages. The site is the property of the American Society of Architectural Illustrators, ("ASAI", "we", "us" or "our").

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.

This agreement is made by and between ASAI, and you.

ASAI reserves the right, at its sole discretion, to change, modify, add or remove portions of ...
– the terms of use,
– the site, including any content, products, services or feature of the site, and
– change any fees or charges.


Changes shall be effective immediately and you acknowledge that electronic notification (by posting on this site or by email) is adequate and benefits through decreased cost and increased flexibility and speed. Your use of the site after such notice shall constitute acceptance of such changes.

Proprietary rights
Ownership


All content within the site is the sole property of ASAI, or the identified illustrator, society member or content creator. Brand names and trademarks are the property of their respective owners. Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.

Copyright

The material contained in this site is copyright of ASAI, unless otherwise stated or attributed. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the current Copyright legislation. If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed.

Software

The software used to manage this site is used under license from Komodo CMS Pty Ltd and subject to the terms of the End User License Agreement (EULA).

Use of this site
Accounts, passwords and security


Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ASAI immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ASAI or any other user of the website due to someone else using your account and password.

You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. ASAI will not be liable for any loss or damage arising from your failure to comply with these obligations

Links to other sites

This site contains links to independent third-party websites. These external sites are provided for convenience and are not under the control or ownership of ASAI. ASAI does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.

General code of conduct

While using this site or site related services, you agree not to ...
– restrict or inhibit any other user from using and enjoying the site,
– upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
– breach copyright or impinge other intellectual property rights,
– upload or transmit any form of unauthorized solicitation (including spam),
– upload or transmit any malicious content or disruptive component (including viruses and worms),
– probe, scan or test the vulnerability of the site or any network connected to the site,
– interfere with or disrupt site infrastructure (including denial of service attacks),
– upload or transmit content that you do not have a legal right to transmit,
– forge headers or manipulate identifiers in order to disguise the origin of a transmission,
– intentionally violate any applicable law,
– attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
– collect or store personal data about another user of this site, and
– impersonate another user of this site or gain access by impersonating another person or entity.


ASAI has no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that ASAI may monitor the site and manage the site in any fashion that enables these terms to be enforced.

Disclaimer

ASAI does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.

ASAI disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against ASAI for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.

Limitation of liability

Except where prohibited by law, in no event will ASAI be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ASAI has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold ASAI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, members and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against ASAI by any third-party due to or arising out of or in connection with your use of the site and or services.

Violation of these Terms of Use

ASAI may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of ASAI and related parties.

Violation of these terms of use may lead to terminating your access to the site and ASAI may seek remedies that are available at law or in equity.

Waiver

No provision of this agreement can be waived except in writing by an authorized ASAI representative. No waiver shall be deemed a waiver of any preceding or subsequent breech.

Delegation and assignment

You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without ASAI's prior written consent.


Applicable Law

This agreement is entered into in the United States of America, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the United States of America and waive any objection to such a jurisdiction or venue.

If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact ASAI.

This terms of use were last updated on October 15, 2004.

 
 
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