In using the Service, User must also comply with any rules posted on this Site.
If User becomes aware of a breach of security or any conduct that violates these Terms, NEO f/x encourages User to report it immediately using the contact page web form. NEO f/x reserves the right, but will have no obligation, to respond to and act on such communications.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of NEO f/x, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without NEO f/x’s prior written permission. The use of NEO f/x’s
Marks on any other web site is prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by NEO f/x except where explicitly noted otherwise.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site ("Content")
is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from
this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without NEO f/x’s prior, written consent.
SUBMISSION OF MATERIALS
NEO f/x does not want Users to submit unsolicited suggestions, ideas or other creative material (e.g., software, stories, screenplays, original artwork, etc.) to NEO f/x. This policy is meant to avoid the kind of misunderstandings that can arise if User's ideas are similar to those that NEO f/x has independently developed or is in the process of developing.
If, despite NEO f/x’s request, User submits creative material to NEO f/x or posts it to the Service, User shall be expressly granting to NEO f/x, or warranting that the owner of such creative material has expressly granted to NEO f/x, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, sell, modify, adapt, publish, translate, distribute, perform, display, transmit and develop derivative works from any content, ideas, concepts,
know-how or techniques contained in any such submission, for any purpose whatsoever, throughout the universe, in any form, media or technology, whether now known or later discovered. Furthermore, User's submission will constitute a waiver by User (as an individual, or as the authorized representative of the owner of the creative material) of any and all rights and/or claims User (or the owner) might otherwise have relating to compensation, credit, “moral rights” or “droit morale,” “rental and lending rights”
or under any other legal theory relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
LINKS TO THIRD PARTY SITES
The NEO f/x web site may contain links to third party web sites, which are not under the control of NEO f/x. NEO f/x makes no representations whatsoever about any other web site to which you may have access through the NEO f/x web site.
When you access a third party web site, you do so at your own risk and acknowledge that NEO f/x is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also
agrees that NEO f/x shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the NEO f/x web site is for informational
purposes only and does not constitute an endorsement or recommendation.
SOFTWARE DOWNLOADS
Any software that is made available to download ("Software") from this web site is the proprietary and copyrighted work of NEO f/x and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software ("License Agreement"). An end user's license to use any Software is conditioned upon NEO f/x 's acceptance of the end user's purchase order and the end user's review and agreement to, and compliance with, the License
Agreement terms. NEO f/x reserves the right to reject any purchase order or license for any reason in NEO f/x 's sole discretion.
NEO f/x and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. NEO f/x may cease offering the Software for download or discontinue this web site at any time
without notice. NEO f/x assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NEO F/X HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT NEO F/X SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF NEO F/X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, NEO f/x makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does NEO f/x make any warranty as to the
results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, NEO F/X PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NEO F/X OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF NEO F/X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees, at User’s expense, to indemnify, defend and hold harmless NEO f/x, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages,
liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.
GOVERNING LAW
This Agreement and the relationship between User and NEO f/x shall be governed by and construed in accordance with the laws of the State of Oregon. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in an Oregon court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after
such claim or cause of action arises or will be forever barred.
WAIVER/SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent
jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
