Terms of Use Agreement for the Marechi Website

    Welcome to our web site! Visual Collaboration Technologies (“VCollab”) maintains this web site to showcase the VCollab^TM suite of software products and the work product created by our user community. By using our site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully.

If you do not agree to be bound by these terms of use, do NOT use this site.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site at www.marechi.com. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content of the Site, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Your use of the Site after changes are made to this Agreement means that you agree to be bound by the changes regardless of whether you are actually aware of the changes.



2.Content. The Site includes content (collectively “Content”) from two primary sources:



a. Host content. This Site includes numerous text, images, and sounds provided to this Site by VCollab (collectively “Host Content”).


b. Visitor content. This Site displays Drawings and commentary provided by other visitors of the Site (collectively “Visitor Content”).

3. Site Functionality. The range of functionality available on this Site varies depending upon whether or not you are registered with the site.

a. Unregistered Visitors. If you are not registered with this Site, you can VIEW Host Content and Visitor Content but you can NOT post Visitor Content.

b. Registered Visitors. If you are registered with this Site you can post Visitor Content to this Site. In other words, you can upload 3D models, download 3D Models, and post comments relating to 3D Models available on the Site.



4. Registration. In order to fully use the Site, you must register with us by opening a free of charge account. In consideration of your registration to the Site, you represent that you are at least 18 years of age, that You have the legal right to accept these Terms of Use and are not barred from receiving services under the laws of any applicable jurisdiction. In so doing, You will be prompted to provide certain information and to create an account name and password. You agree to (a) provide true, accurate, current and complete information about yourself and your Visitor Content; and (b) maintain and promptly update your profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect the same, We have the right to suspend or terminate your account and refuse any and all current or future uses of the Site (or any portion thereof).

You must and are responsible for maintaining your password and account confidential and secure and are fully responsible for all activities that occur under your password or account.

5. Submitting Visitor Content.

a. Your Responsibility for Visitor Content. You acknowledge and agree that you are solely responsible for all Visitor Content you upload or cause to be uploaded using the Site and for your conduct while using the Site. VCollab shall have no responsibility or liability for the deletion of or failure to store any Content, and VCollab reserves the right to delete inactive Content or purge Content from time to time. You acknowledge that the Site delivers the rendered Content in viewable form through a URL and that you and anyone else who accesses the URL will be able to view the Content using the Site. You will not upload or cause to be uploaded through the Site any Content that: (a) is false or misleading; (b) is defamatory or invades another's privacy; (c) promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) violates, misappropriates or infringes another's rights, including but not limited to intellectual property rights; (F) contains software viruses, harmful materials, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, but not limited to, the Sote; (g) violates any laws or regulations, including without limitation, export control laws and regulations; or (h) encourages, promotes or provides instructional information about illegal activities, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites.

b. License Grant to VCollab and other Visitors. With respect to any Visitor Content you submit or make available for inclusion on publicly accessible areas of the Site (i.e. areas of the Site available to Visitors), you grant VCollab and all visitors to this Site a worldwide, royalty-free, sub-licensable, transferable and non-exclusive license to use, copy, distribute, reproduce, modify, adapt and publicly display your Visitor Content in connection with the Site, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

You acknowledge that 3D Models submitted to the Site include the 3D CAD/CAM/CAE or any generic 3D data embedded in the applicable VCollab file and that such data is included in the license rights granted above.

If you do not want other visitors to copy your Visitor Content or to create derivative works of your Visitor Content, then do NOT submit your Visitor Content to this Site.

c. Suggested format of Visitor Content. When you upload Drawings to the Site, you should provide a description for your Drawings which will enable other visitors to find it more easily. You acknowledge that some terms and expressions may be protected by third party copyrights, authors' rights, or trademark rights. You therefore agree not to use any tags which may constitute an authorized reproduction of any such protected terms or expressions.



6. Copyright in Host Content. The content, text, organization, graphics, logo, menus, toolbars, design, compilation, magnetic translation, button icons, images, user interface, audio clips, digital downloads, data compilations, digital conversion, software and other matters related to Host Content on the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any Host Content viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. The compilation of all content on this site is the exclusive property of Arden Companies. All software used on this Site is the property of VCollab and is protected by United States and international copyright laws.



7. Trademarks and Trade Dress. “VCollab”, “VCollab Pro”, “VCollab Presenter” and certain other marks displayed on the Site are trademarks of VCollab. Other product and company names mentioned on the Site may be the trademarks owned by their respective owners, who may or may not be affiliated with, connected to, or sponsored by VCollab. The distinctive features of the Site constitute the trade dress of VCollab. The trademarks and trade dress of Arden Companies may not be used in connection with any product or service that is not attributable to VCollab. The trademarks and trade dress of VCollab may not be used in any manner that is likely to cause confusion among customers, or that in any way disparages or discredits VCollab.



8. Limited Right to use the Site. VCollab grants you a limited, non-exclusive, and revocable license to access and make personal use of the Site, including Host Content and Visitor Content. No further rights are granted with respect to Host Content. Registered visitors are licensed to upload and download Visitor Content, and to create derivative works for Visitor Content. The license rights provided in this Section 9 may be revoked by VCollab at any time and at its sole discretion, without notice to you. Except for Visitor Content, the viewing, printing or downloading of any content, graphic, form or document or the downloaded VCollab Software, from the Site is permissible only for your own personal use. You may not frame or utilize framing techniques with respect to the contents of the Site without the express written permission of VCollab. You may not use any meta tags or any other hidden text utilizing proprietary information displayed on this Site without the express written permission of VCollab. You may create a link to the home page on the Site so long as the link does not portray VCollab, its affiliates, or any products or services in a false, misleading, derogatory, or otherwise offensive manner. No other links, including “deep” linking, is permitted. You may not use any logo or graphic that is proprietary to VCollab as part of the link without the express written consent of VCollab.



9. Editing, Deleting and Modification. VCollab reserves the right in our sole discretion to edit or delete any documents, information or other Content appearing on the Site.



10. Indemnification. You agree to indemnify, defend and hold VCollab and its employees, partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.



11. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.



12. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, YOU AGREE THAT WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.



13. Use of Information. You assign to us and authorize us to use all information provided by you in any manner that is consistent with our Privacy Policy



14. Third-Party Services. If we allow access to third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants from our Site is AT YOUR SOLE RISK AND ON AN “AS IS” BASIS. YOUR USE OF OUR SITE TO INTERACT WITH MERCHANTS IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THETRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.



15. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes; and (iv) you are accurately representing your identity.



16. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.



17. Links to other Web Sites. The Site contains links to other Web sites. VCollab is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.



18. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:



(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law; and

(F) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.



Our Copyright Agent for Notice of claims of copying


 
19. Information and Press Releases.obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.



20. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Southfield, Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan(without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Southfield, Michigan. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.