1. Ownership of Site and Restrictions on Use of Content
The 10thMagnitude.com website (“10thMagnitude.com” or “Website”) is owned by 10th Magnitude (“10th Magnitude”). You acknowledge that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material, content and services (collectively “Content”), which is generally provided by 10th Magnitude or by licensors of 10th Magnitude. Notwithstanding the fact that 10th Magnitude permits access to the Content, you acknowledge and agree that the Content, its use and/or the use of this website is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the 10thMagnitude.com website and/or the Content or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark and other proprietary and intellectual property rights owned by 10th Magnitude and third parties. Without limiting any of the foregoing, you understand and agree that if you copy any Content or portion thereof for any purpose not expressly permitted in this Agreement, whether or not such copying or use is for your commercial gain, you are violating the rights of 10th Magnitude and/or its licensors, and may be subject to criminal and/or civil prosecution.
In addition to 10th Magnitude’s and its licensors’ rights in individual elements of the Contents, 10th Magnitude owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Website may permit you to download and/or print certain Content and you may do so, and you may make a limited, reasonable number of copies of such downloaded and/or printed Content solely for your internal business purposes and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Content and further provided that all such copies include any proprietary notices of 10th Magnitude’s; all such copies (whether printed or electronic) are considered Content hereunder, and subject to the terms of this Agreement. Except for the limited right to download, print and/or copy as described in the preceding sentence, and notwithstanding anything else herein to the contrary, you understand that you may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit 10thMagnitude.com and/or any of the Content (in whole or in party) and/or to incorporate it in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if you attribute such Content or Use to 10th Magnitude or its licensors.
2. Submitted Data
You agree that you shall not upload to the Website any data, files, content or other information (“Submitted Data”), or otherwise transmit on or through this website, any Submitted Data that are subject to any rights of any third parties, or in which any holder of such rights has not given express authorization for distribution by you. By providing Submitted Data to 10th Magnitude, you automatically grant, or warrant that the owner of such Submitted Data has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to Use the Submitted Data.
3. Display of Products and Services
We use commercially reasonable efforts to ensure that the colors, design and details of the products and services displayed on 10thMagnitude.com are accurate. However, we cannot and do not guarantee that the colors, design, and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.
10thMagnitude reserves the right at any time and without notice to change the products and or services that are described on the Website.
4. Prohibited Conduct and Use
You agree to use 10thMagnitude.com only for lawful purposes. You are expressly prohibited from transmitting through 10thMagnitude.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). You agree and acknowledge that 10th Magnitude is not responsible or liable to you or any other party for any Prohibited Conduct by any user of 10thMagnitude.com at any time.
Notwithstanding anything in this Agreement to the contrary, 10th Magnitude is in no way obligated to monitor any user’s use of or to monitor, retain, review and/or edit Submitted Data or any information provided by any user and transmitted through 10thMagnitude.com. However, 10th Magnitude does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including ay Submitted Data) as 10th Magnitude determines necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend 10th Magnitude’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of 10thMagnitude.com; and (v) protect the interests of 10th Magnitude’s users or the public.
You are expressly prohibited from using a false e-mail address or other identifying information and from using 10thMagnitude.com in any way to send emails or other messages to people or other entities.
5. Linked Sites
6. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL 10TH MAGNITUDE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE, EVEN IF 10TH MAGNITUDE OR A 10TH MAGNITUDE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 10TH MAGNITUDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Section 6 applies only to damages, losses and causes of action that arise through your use of, or inability to use, this Website, any Content or other materials on this Website and/or any products or services purchased through this Website, if applicable. Without limiting the foregoing, in the event you and 10th Magnitude enter into a written agreement for products or services, the provisions of such written agreement (and not this Agreement, including this Section 6) shall govern your acquisition and use of such products or services.
THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 10TH MAGNITUDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 10TH MAGNITUDE DOES NOT WARRANT THAT THIS WEBSITE OR YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR AY CONTENT OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 10TH MAGNITUDE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 10TH MAGNITUDE) ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT AND/OR OTHER MATERIALS CONTAINED IN THIS WEBSITE.
8. Your Feedback
If you contact 10th Magnitude with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this Website, the Content or any item on this Website (collectively, “Information”), the Information shall be deemed to be non-confidential and 10th Magnitude shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that 10th Magnitude shall be free to Use and distribute the Information to others without limitation, and to authorize others to do the same. Further, 10th Magnitude shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information. 10th Magnitude shall not be liable or owe any compensation for the Use or disclosure of the Information.
9. Usage by Children
10th Magnitude does not solicit the use of 10thMagnitude.com by minors. However, 10th Magnitude cannot prevent such use or purchase and cannot prevent minors from visiting 10thMagnitude.com. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view.
10th Magnitude requires that use of this 10thMagnitude.com website be made either by individuals 18 years old or older. EACH TIME YOU USE THIS 10THMAGNITUDE.COM WEBSITE OR PURCHASE A PRODUCT OR SERVICE FROM THIS 10THMAGNITUDE.COM WEBSITE, YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER.
10. Jurisdictional Issues
Unless otherwise specified, the Content and/or other materials on the Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. 10th Magnitude makes no representation that Content and/or other materials on this Website, or the products and services promoted on this Website, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Illinois. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified, except as provided in Section 12.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content and/or other materials obtained from this Website, all copies thereof. This Agreement may terminate immediately without notice from 10th Magnitude if in 10th Magnitude’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content and/or other materials obtained from this Website, and all copies thereof. Termination will not affect any rights, obligations or liabilities that arose prior to such termination.
12. Changes and Modifications
10th Magnitude may change, add or delete Content, products, materials, services, programs and the like that are described in this Website at any time without notice. 10th Magnitude reserves the right to update, modify, revise or otherwise change this Agreement at any time with or without prior notice. Your use of 10thMagnitude.com at any time after such update, modification, revision or change constitutes your acceptance of such update, modification, revision or change. You are encouraged to review this Agreement periodically.
You agree and acknowledge that your request may be processed, fulfilled or serviced by third parties other than 10th Magnitude, and you understand that such third parties are not limited by 10th Magnitude in their use of the information provided to them to process, fulfill or service your request. Therefore, you expressly consent to our sharing your information with any necessary third parties for such purposes.
We do not sell your Contact Information to any third parties or share it with third parties (other than as described above) for promotional purposes, but we reserve the right to do so in the future.
10th Magnitude may also collect non-personally identifiable information including, without limitation, information regarding your operating system, browser, domain name, and your navigation through and from 10thMagnitude.com. This information is collected in the aggregate and use to improve 10thMagnitude.com and for other business purposes. 10th Magnitude may provide such aggregate information to third parties. 10th Magnitude may also store information on your computer in the form of a “cookie” or similar file. Your web browser may allow you to erase or block such files, or notify you when such file is stored. Please check your browser’s instructions for further information about such functions