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Disclaimer of:
Computer Vistas Inc.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE. By using this site, you signify your assent to these terms. If
you do not agree to these terms of use, please do not use the site or
purchase any products.
RESTRICTIONS ON USE OF MATERIALS:
This site is owned and operated by Computer Vistas
Inc. (referred to as "we," "us" or "our" herein). No material from
www.cvi-usa.com, the Metal Detecting and Electronic Archaeology
(MDEA-2) Listserv or any Web site owned, operated, licensed or
controlled by us may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, without our prior
written permission, except that you may download one copy of the
materials on any single computer for your personal, non-commercial home
use only, provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for any
other purpose is a violation of copyright and other proprietary rights.
In the event you download software from the site,
the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by us or by the respective owners of the
software. We do not or cannot transfer title to the Software to you. You
own the medium on which the Software is recorded, but we retain full and
complete title to the Software, and all intellectual property rights
therein. You may not re-sell, decompile, reverse engineer, disassemble
or otherwise reduce the Software to a human-perceivable form.
All SUBMISSIONS:
Computer Vistas Inc. does not guarantee the right
to free speech. If your messages are insulting or abusive to others or
to visitors CVI reserves the right to modify or remove anything
submitted without prior notice. Actions or activities that may cause
removal include but are not limited to, the following:
- nudity, pornography, sexual material, hate
propaganda or hate mongering, swearing, or fraudulent material or
activity;
- any material that violates or infringes in any
way upon the rights of others, including, without limitation,
copyright or trademark rights;
- any material that is threatening, abusive,
harassing, defamatory, invasive or privacy or publicity rights,
vulgar, obscene, profane, indecent, or otherwise objectionable; or
that violates any law or gives rise to any legal liability;
- material that promotes, encourages, or provides
instructions information about illegal activities; any software,
information or other material that contains a virus, corrupted data,
or any other harmful or damaging component;
- any raffle, contest, or game requiring payment of
a fee by participants.
- Sending unsolicited email using a CVI address,
MDEA-2 Listserv or containing any reference to CVI, membership or
Joseph V. Kocian or any other member of CVI.
We are pleased to hear from individuals and welcome your
comments. Our long-standing company policy is to allow posting of
creative ideas, suggestions or materials in addition to those we have
specifically requested. We hope you will understand that it is the
intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work.
Accordingly, we must, regretfully, ask that you do not send CVI, post on
the MDEA; Teacher Talk; Electronic Archaeology & Collecting areas any
copyrighted materials (unless that material is your own or you have in
writing the owners permission). A disclaimer to that effect must be then
posted with the item giving the credit and permission to the original
owner.
If, you post on the areas, listserv or send to Computer Vistas
Inc., or Joseph V. Kocian, creative suggestions, ideas, notes, drawings,
concepts or other information (collectively, the "Information"), the
Information shall be deemed, shall become and shall remain, the property
of Computer Vistas Inc., or Joseph V. Kocian. None of the Information
shall be subject to any obligation of confidence on our part and we
shall not be liable for any use or disclosure of any Information.
Without limitation of the foregoing, we shall exclusively own all now
known or hereafter existing rights to the Information of every kind and
nature throughout the universe and shall be entitled to unrestricted use
of the Information for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Information.
JURISDICTIONAL ISSUES:
Unless otherwise specified, the materials in the site are
presented solely for the purpose of promoting Computer Vistas Inc., the
MDEA, Joseph V. Kocian, and other products available in the United
States, its territories, possessions and protectorates. We control, and
operate this site from our offices within the State of Ohio, United
States of America. We make no representation that materials, products,
services in the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do
so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Products, Software
and Services from this site is further subject to United States export
controls. No Product, Software or Service from this site may be
downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading, purchasing, or using the Software, Product, Service, you
represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
TERMINATION:
This agreement is effective until terminated by either party. You
may terminate this agreement at any time by destroying all materials
obtained from any and all of our sites and all related documentation and
all copies and installations thereof, whether made under the terms of
this agreement or otherwise. This agreement will terminate immediately
without notice from us if, in our sole discretion, you fail to comply
with any term or provision of this agreement. Upon termination, you must
destroy all materials obtained from this site and any and all of our
other sites and all copies thereof, whether made under the terms of this
agreement or otherwise.
MATERIAL DISCLAIMER:
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
Under no circumstances, including, but not limited to,
negligence, shall we be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials in
this site, even if we or our authorized representative has been advised
of the possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you. In
no event shall our total liability to you for all damages, losses, and
causes of action (whether in contract, tort (including, but not limited
to, negligence) or otherwise) exceed the amount paid by you, if any, for
accessing this site.
OTHER:
This agreement shall be governed by and construed in accordance
with the laws of the State of Ohio, without giving effect to any
principles of conflicts of law. If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed several from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties.
Trademarks, Trade Names:
Some items referred to may be the trademark or trade names of
companies and/or their respective products and some art work is the
property of The Animation Factory. Therefore, additional credit is given
to the following: Animations and Artwork created by Ryan Hagen, Art
Holden, Steve Larson, Jim Maloney Booklet Cover, CD Face and Auto-Run
Artwork Created by Josh Doohen HTML design Team: Dan Abbott, Aaron
Thoreson Support Staff: Michele Holden, Sara Maloney, Karla Schumaker.
Some animations and images created using 3D models from Universal 3DCD &
Digital Museum by Dedicated Digital. Some animations and images created
using 3D models from the LIGHT-ROM CD collections. Some animations and
images created in part using the FireCD by Media Lab and Exodus.
Lawful use Required:
The Website may only be used for lawful purposes. Use of the
Website for lawful commercial purposes is both permitted and encouraged.
Transmission of any material in violation of any federal state or local
law or regulation of the procedures is prohibited.
Termination of Membership Metal Detecting and Electronic Archaeology
(MDEA-2) Listserv:
Members of the Metal Detecting and Electronic Archaeology
(MDEA-2) Listserv may be expelled or suspended, and their membership
terminated, by Computer Vistas Inc. Each member will be given at least
fifteen (15) days', or such other greater or less period of time
required under Ohio law, prior written notice setting forth the reasons
for the expulsion, suspension or termination. Computer Vistas shall
provide an opportunity for the member to present arguments opposing such
expulsion, suspension or termination, orally or in writing, at least
five (5) days, or such other greater or less period of time required
under Ohio law, before the effective date of said expulsion, suspension
or termination, to the person or persons authorized to decide whether
the proposed expulsion, termination or suspension should take place.
Computer Vistas Inc. may expel or suspend any member for any reason if
it determines, within its sole discretion, that such expulsion or
suspension would be in the best interest of the MDEA-2; including
without limitation, for any member's violation of the MDEA-2 rules of
the MDEA-2. All expulsions, suspensions and terminations shall be final
without any right of appeal.
Any membership dues paid by an expelled member WILL NOT be
refunded by Computer Vistas Inc. Notwithstanding the foregoing, if
Computer Vistas Inc. shall be amended to provide notice required under
the rules to be given by a means other than in writing, notice given by
such other means shall be deemed to meet the requirements of the rules.
MDEA Membership Fees:
Cost of membership in the MDEA-2 is valued at $20.00 per year.
MEMBERSHIP FEES CURRENTLY ARE "WAIVED". A year is defined from July
1 to June 30. Payment or joining the MDEA-2 as a member will be
considered agreement of the policies of Computer Vistas Inc.
Privacy Information:
A Special Note About Children. Children under the
age of 13 are not eligible to use our services and we ask that minors
(under the age of 18) do not submit any personal information to CVI or
any other member on the list. If you are a minor, you can use this
service only in conjunction with your parent(s) or guardian(s) supervision.
Information We Collect:
Our primary goal in collecting personal information from you is to
provide you with a smooth, efficient, and customized experience while
viewing WWW.CVI-USA.COM. This allows us to provide services and
features that most likely meet your needs, and to customize our service
to make your experience easier and quicker.
We automatically track certain
information about you based upon your behavior on our site. We use this
information to do internal research on our users' demographics,
interests, and behavior to better understand and serve our users. This
information is compiled and analyzed on an aggregated basis. This
information may include the URL that you just came from (whether this
URL is on our site or not), which URL you next go to (whether this URL
is on our site or not), what browser you are using, and your IP address.
In addition, we may use cookies on
certain pages of our site. We may also offer certain features that are
only available through the use of a cookie. Among other reasons why we
use cookies, cookies allow you to enter your password less frequently
during a session. Cookies can also help us provide information which is
targeted to your interests.
Cookies are stored on your hard
drive, not on our site. Most cookies are "session cookies," meaning that
they are automatically deleted at the end of a session. You are always
free to decline our cookies if your browser permits, although in that
case you may not be able to use certain features on our site and you may
be required to reenter your password more frequently during a session.
On our auctions if you choose to bid,
we collect information about your bidding, buying and selling behavior.
We also collect other users' comments about you from the feedback area.
If you choose to post messages on our
Listserv, chat areas or other message areas or leave feedback for other
users, we will collect such information about you as you choose to
disclose.
If you send us personal
correspondence, such as emails or letters, or if other users or third
parties send us correspondence about your activities or postings on the
Site, we may collect such information into a file specific about you.
If you use a service provided by a
company providing a service co-branded with CVI-USA (a "Co-Brand Service
Provider"), the Co-Brand Service Provider may provide personal
information about you.
Our Use of Your Information: We
use personally identifiable information about you to improve our
marketing and promotional efforts, to statistically analyze site usage,
to improve our content and product offerings and to customize our site's
content, layout, and services. We believe these uses allow us to improve
our site and better tailor it to meet our users' needs.
We may also use your information to
deliver information to you that, in some cases, are targeted to your
interests, such as targeted banners, new services and promotions. By
accepting the terms in this CVI Disclaimer you expressly agree to
receive this information. You can remove yourself from receiving some of
this information by changing the appropriate option through
notification.
We use your email address, your
mailing address, and phone number to contact you regarding
administrative items, new product offerings, and communications relevant
to your use of the Site. If you do not wish to receive these
communications, you may have the ability withdraw from the
WWW.CVI-USA.COM site
We use information in the file we
maintain about you, and other information we obtain from your current
and past activities on the Site, to resolve disputes, troubleshoot
problems and enforce our User Agreement.
At times, we may look across multiple
users to identify problems or resolve disputes, and in particular on
rare occasions we may evaluate your information to look for users using
multiple User IDs or aliases.
Our Disclosure of Your Information:
Unfortunately, due to the existing regulatory environment, we cannot
ensure that all of your private communications and other personally
identifiable information will never be disclosed in ways not otherwise
described in this Privacy Policy. By way of example (without limiting
the foregoing), we may be forced to disclose information to the
government or third parties under certain circumstances, or third
parties may unlawfully intercept or access transmissions or private
communications. We can (and you authorize us to) disclose any
information about you to law enforcement or other government officials
as we, in our sole discretion, believe necessary or appropriate, in
connection with an investigation of fraud, intellectual property
infringements, or other activity that is illegal or may expose us to
legal liability. Further, we can (and you authorize us to) disclose your
account, name, street address, city, state, zip code, country, phone
number, email, and company to participants as we in our sole discretion
believe necessary or appropriate in connection with an investigation of
fraud, intellectual property infringement, piracy, or other unlawful
activity.
Therefore, although we use industry
standard practices to protect your privacy, we do not promise, and you
should not expect, that your personally identifiable information or
private communications will remain private.
As a general proposition, we do not
sell or rent any personally identifiable information about you to any
third party. The following describes some of the ways that your
personally identifiable information may be disclosed.
Legal Requests. WWW.CVI-USA.COM
cooperates with law enforcement inquires and other third parties to
enforce laws, intellectual property and other rights.
By entering into our User Agreement,
you agree that, with respect to other user's personally identifiable
information that you obtain through the Site or through an CVI-USA
related communication or transaction, WWW.CVI-USA.COM hereby grants to
you a license to use such information only for: (a) CVI related
communications that are not unsolicited commercial messages, (b) using
co-branded services offered through (e.g. escrow, insurance, shipping
and fraud complaints), and (c) any other purpose that such user
expressly opts into after adequate disclosure of the purposes. In all
cases, you must give users an opportunity to remove themselves from your
database and a chance to review what information you have collected
about them. In addition, under no circumstances, except as defined in
this Section, can you disclose personally identifiable information about
another user to any third party without our consent and the consent of
such other user after adequate disclosure.
WWW.CVI-USA.COM and our users
do not tolerate Spam. Therefore, without limiting the foregoing, you
are not licensed to add an eBay user—even a user who has purchased an
auction item from you-to your mail list (email or physical mail) without
their express consent after adequate disclosure.
We do not use the email addresses you
enter for any purpose other than to contact you at your email. We
do not rent or sell these email addresses. Indeed, we generally discard
the email addresses at some point after they have been used to send your
email.
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