Avid Investments Web Site Agreement
The avidinvestments.com Web Site (the "Site") is an online information service provided by Avid Investments ("avidinvestments.com"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. avidinvestments.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are avidinvestments.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to avidinvestments.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to avidinvestments.com by all means and in any media now known or hereafter developed. You also grant to avidinvestments.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against avidinvestments.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to avidinvestments.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by avidinvestments.com, avidinvestments.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for avidinvestments.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with avidinvestments.com You also understand that avidinvestments.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. avidinvestments.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND avidinvestments.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. avidinvestments.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. avidinvestments.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL avidinvestments.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF avidinvestments.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, avidinvestments.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
avidinvestments.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-avidinvestments.com web site, please understand that it is independent from avidinvestments.com, and that avidinvestments.com has no control over the content on that web site. In addition, a link to a avidinvestments.com web site does not mean that avidinvestments.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless avidinvestments.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of avidinvestments.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between avidinvestments.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. avidinvestments.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. avidinvestments.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Fair Use Act
This site is for informational and educational purposes only!!
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for "fair use"
for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Non−profit, educational or personal use tips the balance in favor of fair use.
FAIR USE DEFINITION:
Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material
without requiring permission from the rights holders, such as for commentary, criticism, news reporting,
research, teaching or scholarship. It provides for the legal, non−licensed citation or incorporation of
copyrighted material in another author's work under a four−factor balancing test. The term "fair use"
originated in the United States. A similar principle, fair dealing, exists in some other common law
jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
U.S. COPYRIGHT OFFICE− FAIR USE DEFINITION
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others
to reproduce the work in copies or phonorecords. This right is subject to certain limitations found
in sections 107 through 118 of the copyright law (title 17, U.S. Code). One of the more important
limitations is the doctrine of "fair use". The doctrine of fair use has developed through a substantial
number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be
considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.
Section 107 also sets out in four factors to be considered in determining whether or not a particular use
The distinction between fair use and infringement may be unclear and not easily defined.
There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
- The purpose and character of the use, including whether such use is of commercial nature
or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work
as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites
examples of activities that courts have regarded as fair use: "quotation of excerpts in a review
or criticism for purposes of illustration or comment; quotation of short passages in a scholarly
or technical work, for illustration or clarification of the author's observations; use in a parody
of some of the content of the work parodied; summary of an address or article, with brief quotations,
in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy;
reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction
of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction,
in a newsreel or broadcast, of a work located in the scene of an event being reported."
Copyright protects the particular way an author has expressed himself. It does not extend to any ideas,
systems, or factual information conveyed in the work.
The safest course is always to get permission from the copyright owner before using copyrighted material.
The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless
the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine
if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt,
it is advisable to consult an attorney.
FL−102, Revised September 2010