Terms of Use

Lucidea Corporation Website Terms of Use Your use of this Lucidea Corporation website is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this site, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this “Agreement”). If you do not agree to these terms and conditions, you may not use this site. We reserve the right to make changes to this site and to these terms of use at any time. Any such modifications will become effective upon the date they are first posted to this site. Copyright and Trademark Notice All screens appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Lucidea Corporation, Copyright © 2015 Lucidea Corporation, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. INMAGIC, the Inmagic logo, DB/TextWorks and DB/Text are trademarks of Lucidea Corporation All other marks, names, and logos mentioned herein are the property of their respective owners. Software and Other Products or Services Ordered through This Website Any product or service that you order or download through this website is subject to the terms and conditions of the end-user license agreement accompanying such product (the “End-User License”) or other written agreement between you and Lucidea Corporation All of your rights and remedies with respect to your order, purchase, possession, and use of the product or service are governed by the End-User License or such other agreement. All maintenance, update, warranty, liability, and any other obligations related to the product or service, if any, shall be as provided for in the End-User License or other written agreement between you and Lucidea Corporation Site Content and Information Our website may contain information, advice, text, and other materials (“Information”) that are provided for your convenience and/or enjoyment. You should be aware that the Information may contain errors, omissions, inaccuracies, or outdated information. Lucidea Corporation makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication. We are not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Our website may contain bulletin boards, chat rooms or other message or communication facilities (collectively, “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
  5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  6. Falsify the origin or source of software or other material contained in a file that is uploaded.
  7. Except to the extent expressly allowed, advertise or offer to buy or sell any goods or services, or conduct or forward surveys, contests or chain letters.
  8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. If you do post content or submit material in a Forum, and unless we indicate otherwise, you grant Lucidea Corporation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lucidea Corporation and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Lucidea Corporation, and such communications shall not be considered reviewed, screened or approved by Lucidea Corporation Lucidea Corporation has the right but not the obligation to monitor and edit or remove any activity or content posted on a Forum. Lucidea Corporation takes no responsibility and assumes no liability for any content posted by you or any third party. Lucidea Corporation reserves the right to deny in its sole discretion any user access to Forums without notice. Indemnity You agree to indemnify and hold Lucidea Corporation, and its subsidiaries, affiliates, officers, agents, co-branders or 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 any content posted by you, your use of any Lucidea Corporation website, your violation of this Agreement, or your violation of any rights of another. Copyright Complaints Lucidea Corporation and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Third Party Sites This website may contain hyperlinks to websites operated by parties other than Lucidea Corporation Such hyperlinks are provided for your reference only. Lucidea Corporation does not control such websites and is not responsible for their contents. Lucidea Corporation’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Privacy Lucidea Corporation is concerned with protecting your privacy. You may read the most recent published privacy policy statement. This policy may be changed at any time, with or without written notice. All changes to the privacy policy will be posted on this website. Disclaimer and Limitation of Liability LIMITED WARRANTY. INMAGIC INC. AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION OR YOUR USE OF THIS WEBSITE OR ANY OTHER LUCIDEA CORPORATION WEBSITE. LUCIDEA CORPORATION AND ITS SUPPLIERS EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES AGAINST INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, INMAGIC INC. DOES NOT WARRANT THAT THE INFORMATION OR ANY LUCIDEA CORPORATION CONTENT IS OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. THE INFORMATION AND LUCIDEA CORPORATION WEBSITES ARE PROVIDED “AS IS” AND YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, WILL INMAGIC INC. OR ITS SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THE USE OR INABILITY TO USE THE INFORMATION OR ANY LUCIDEA CORPORATION WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO INMAGIC DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY ADDITION OR MODIFICATION TO THIS WARRANTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, LUCIDEA CORPORATION OR ITS SUPPLIERS ARE FOUND LIABLE TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), LUCIDEA CORPORATION’S AND ITS SUPPLIERS’ LIABILITY TO YOU WILL BE LIMITED TO $25.00. Some states/localities do not allow the exclusion of implied warranties or the exclusion of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Miscellaneous This Agreement constitutes the entire agreement between you and Lucidea Corporation with reference to the Lucidea Corporation websites. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, except for those dealing with conflicts of law. In the event of any dispute involving the Lucidea Corporation websites, Lucidea Corporation and you each consent to exclusive jurisdiction and venue in either the state or federal courts in the Commonwealth of Massachusetts and agree that the prevailing party shall be entitled to its reasonable attorney fees and costs. Use of any Lucidea Corporation website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. This Agreement may not be modified except by a writing signed by authorized representatives of both parties.