1. YOUR ACCESS TO THE SITESWe may change these Terms at any time by notifying you of a change when you next access a Site (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Sites. The date these Terms were last updated appears at the bottom of these Terms. You understand and accept that (a) the device you use to access the Sites will require certain software in order for the Sites to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Sites have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Sites meets your requirements, and (c) you are responsible for obtaining the data network access and the required device necessary, (including any costs or fees), to use the Sites and any updates thereto. AVID does not guarantee that the Sites, or any services provided through the use of the Sites, will function on any particular network or device. In addition, the Sites may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Access to the Sites may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
2. PERMITTED USE AND RESTRICTIONSSubject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the Sites solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. In order to use aspects of the MyAvid.org or aviddiscover.org websites, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by AVID in writing, you may register for only one Account. Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third-party to): (a) copy any of the Sites except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the any of the Sites (or any part of it), (c) attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Sites, or (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. You must not use (or permit a third-party to use) any of the Sites: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site, (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Site, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
3. PRODUCTSThe products displayed on a Site can be ordered and delivered only within the U.S., Canada and U.S. military bases located outside of the U.S. All prices displayed on the Sites are quoted in U.S. Dollars. All material and information presented by AVID is intended to be used for personal, educational or informational purposes only. You may not sell or resell any products you purchase or otherwise receive from AVID. AVID reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by AVID in its sole discretion.
4. PAYMENTS, RETURNS, AND DONATIONSIf you choose, at your sole discretion, to make a donation to AVID, or to purchase materials from AVID, you agree that, with your authorization, we may charge your credit card, or other chosen payment method the amount selected by you, and you understand that, all donations and payments must be in U.S. dollars. Once charged, donations are non-refundable. AVID uses authorized third-parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and credit card authorization. Only unused items may be eligible for return. If accepted, return shipping will be your responsibility unless there was an error on our end. After receipt of the returned item(s), we will refund or replace the item(s), as applicable. Please email us at [email protected] to make a return request.
5. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
6. SECURITY AND PASSWORDSYou are solely responsible for keeping your password and any other authentication information confidential and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of any of the Sites. We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7. YOUR PROMISES TO USYou promise to us that (a) you are authorized to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list or prohibited or restricted parties, (d) you assume the risk of any information submitted by you, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
8. USER CONTENTWhenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via a Site (“User Content”), or to share any User Content with other users of a Site, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third-party relating in any way to your use of any of the Sites or breach of these Terms or from any third-party claims arising as a result of your use of any of the Sites. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of a Site. Any User Content you upload to a Site and any feedback or suggestions you provide to us regarding a Site, you acknowledge and agree that: (i) such User Content will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policies), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via any or all of the Sites or otherwise to third-parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Content, and the right to transfer or sublicense such rights; (iii) we may have something similar to the User Content already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate. The Sites may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AVID, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AVID. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
9. COPYRIGHT INFRINGEMENT - DCMA NOTICEAVID complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on a Site you may contact our designated agent at the following address: Email: [email protected] Any notice alleging that materials hosted by or distributed through a Site infringes intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.