Premier Advantage Membership Terms and Conditions
REGISTRATION: Welcome to PREMIER ADVANTAGE. To ensure that you enjoy the highest standards of quality and service during your experience as a Premier Advantage member, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which Premier Advantage members are expected to adhere.
TERMS OF SERVICE
1. GENERAL RULES AND DEFINITIONS
1.1 This Subscriber Agreement, which includes the Operating Rules, constitutes Subscriber's Agreement with PREMIER ADVANTAGE, an Internet service("the Service") of CGbytes Inc, with respect to Subscriber's use of this service. Subscriber must agree to abide by all of the terms and conditions contained in the Subscriber Agreement in order to become or remain an authorized Subscriber of the Service.
1.2 By making a purchase, you will be agreeing to these terms. CGbytes reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Notification of changes in service will be posted on the Service, sent via email, or sent via postal mail. Occasionally PREMIERADVANTAGE may ask you to accept the terms of such changes to continue using the service.
1.3 IF THE SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO SUBSCRIBER, OR CAUSE SUBSCRIBER TO NO LONGER BE IN COMPLIANCE WITH THE SUBSCRIBER AGREEMENT, SUBSCRIBER MAY CANCEL SUBSCRIPTION BY SELECTING A LINK OFF OF THE MEMBER SERVICES SECTION INSIDE OF THE PREMIER (SEE SECTION 9 REGARDING TERMINATION OF SERVICE). SUBSCRIBER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 PREMIERADVANTAGE may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. PREMIER ADVANTAGE may also impose limits on certain features and services or restrict Subscriber access to parts or all of the Service without notice or liability.
2. PREMIER CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the PREMIER Internet service are intended for the personal, noncommercial use of its registered Subscribers. All materials published as PREMIER (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by CGbytes or the party credited as the provider of the content, software or other materials. Subscriber shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
2.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, Subscriber may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
2.3 Subscriber may download or copy, where made permissible by the publishing artist, the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
3. FORUMS AND DISCUSSIONS
3.1 Subscriber shall not upload to, or distribute or otherwise publish through the Service any Content which is libelous, defamatory, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. CGbytes does not endorse the opinions placed on these bulletin boards. Subscriber acknowledges that any submissions may be edited, removed, modified, published, transmitted and displayed by CGbytes or partners. In addition, Subscriber warrants that all moral rights in any uploaded materials have been waived.
3.2 The Forums shall be used only in a noncommercial manner. Subscriber shall not, without the express approval of CGbytes , distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with the Service..
3.3 While CGbytes does not and cannot review every message posted by Subscribers in the Forums and is not responsible for any content of these messages, CGbytes reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory or otherwise unacceptable. Subscribers shall remain solely responsible for the content of their messages.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 PREMIER ADVANTAGE contains links to other related World Wide Web Internet sites, resources and sponsors of CGbytes and its partners. Selection of an ad banner or link redirects Subscriber off of CGbytes to a third party. Transactions that occur between the subscriber and the third party are strictly between the Subscriber and the third party and are not the responsibility of CGbytes . Because CGbytes is not responsible for the availability of these outside resources or their contents, Subscriber should direct any concerns regarding any external link to its site administrator or Webmaster.
5. REPRESENTATIONS AND WARRANTIES
5.1 Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through Subscriber's account or CGbytes' use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that Subscriber is at least 18 years old. Subscriber hereby indemnifies, defends and holds CGbytes and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber or any User of Subscriber's account of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Subscriber shall cooperate as fully as reasonably required in the defense of any claim. CGbytes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.
5.2 CGbytes neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any Subscriber, information provider or any other person or entity. PREMIER ADVANTAGE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY CGBYTES OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED "AS IS." CGBYTES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. CGBYTES SHALL NOT BE RESPONSIBLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY CGBYTES OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF CGBYTES HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 Subscriber hereby acknowledges that use of the Service is at Subscriber's sole risk.
6. REGISTRATION AND SECURITY
6.1 If Subscriber is not already a registered member with a CGbytesID, Subscriber will select a password and Subscriber name prior to activating Subscriber’s Premier Advantage membership. Subscriber shall provide CGbytes with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Subscriber without authorization; or (iii) use a screen name that CGbytes , in its sole discretion, deems offensive.
6.2 (a) Subscriber shall notify CGbytes of any known or suspected unauthorized use(s) of Subscriber's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Subscriber's password or credit card information. (b) Subscriber shall be solely responsible for maintaining the confidentiality of Subscriber's password. Subscriber will never be required to reveal Subscriber's password to any representative or agent of CGbytes , its owners or agents.
6.3 Subscriber must be 18 years or older to subscribe to the Service.
6.4 Each Subscriber is responsible for all usage or activity on a CGbytesID account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Subscriber's account, at CGbytes' sole discretion, and Subscriber may be referred to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1 CGbytes reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that CGbytes so elects, it shall post notice in the Member Services Area. Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by CGbytes or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes relating to use of the Service through Subscriber's account. Subscriber's right to use the Service is subject to any limits established by CGbytes in its sole discretion.
Today's charge is: 34.50 for a 3-month period plus 600 Premier Points.
7.2 Subscriber will not receive access to any service until subscription fees have been received by CGbytes . Subscription fees are not refundable in whole or in part, even in the event Subscriber's account is terminated. You shall not be entitled to any pro-rated or partial refund if You cancel Your 3-month membership before the end of the then current 3-month membership period. You agree that if You cancel at any time after purchasing a 3-month membership to CGbytes (e.g., 20 minutes after You sign up), You will still be charged the full 3-month's membership fee. In the event of termination, Subscriber's account will remain active through the end of the subscription term. (See section 9. Termination).
8. SOFTWARE LICENSES
8.1 Subscriber shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Subscriber to access the Service ("Access Software"). Subscriber may not sublicense, assign or transfer any licenses granted by CGbytes , and any attempt at such sublicense, assignment or transfer is void. Subscriber may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
9.1 Subscriber may terminate Subscriber's account at any time by requesting an order cancellation by email. Email must be sent to contact@cgbytes .com, and the subject line should read "membership cancellation request." Upon termination via email, Subscriber will receive confirmation via email that the request was processed, and the Subscriber will retain access through the duration of their subscription term. Subscriber is responsible for all charges incurred up to the time the account is deactivated.
9.2 CGbytes may, in its sole discretion, terminate or suspend Subscriber's access to all or part of the Service for any reason, including, without limitation, breach of the Subscriber Agreement, or assignment of the Subscriber Agreement by Subscriber.
9.3 Members of Premier Advantage acknowledge that site administrators have the right to terminate membership without notice for any user who restricts, inhibits or disrupts any Premier event or attempts to alter or improperly access any feature or function of the site. A user's membership may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any PREMIER ADVANTAGE member or CGbytes employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of CGbytes activities; posts unsolicited advertising; or improperly impersonates a CGbytes employee or other individual.
10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Canadian law. Any action to enforce this agreement shall be brought in the federal or state courts located in the province of Manitoba.
10.2 Official correspondence must be sent via postal mail to:
PO Box 50021
Winnipeg, MB Canada
10.3 Subscriber consents to the jurisdiction of the province of Manitoba and Federal Courts.
11.1 By making a purchase, you hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.
Enjoy Premier Advantage! You may send comments on the above terms of service, or any other matter relating to CGbytes' presence on the World Wide Web, to firstname.lastname@example.org.