Please review the following policies thoroughly, as they are the terms of sale that govern your purchases at AnatomyTools.com. They set out your rights as a customer, with the obligations associated to your purchases, and limitations and exclusions in AnatomyTools.com's product warranties. Your placement of an order at the AnatomyTools.com constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order. Last updated May 10, 2010. Replaces the previous version in its entirety. 1. Acceptance of Terms.a. By (i) using this web site or any other web sites (each, a "Site") or other online service of Infinite Teach, Inc, its affiliates and agents ("AnatomyTools.com") with links to these Terms of Use (the "General Terms") (collectively, the "Services") in any way, including using, transmitting, downloading or uploading any Components made available or enabled via the Services by AnatomyTools.com or, you, or other users of the Service ("Users"), or (ii) merely browsing the Services, you agree that you have read, understand and agree to these General Terms and the AnatomyTools.com Online Privacy Policy at http://www.anatomytools.com/privacy, which is incorporated herein by reference. "Components" means any content made available or enabled by AnatomyTools.com, you, or other users of the Services and includes, without limitation, any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, and (y) all products made by or provided for sale by AnatomyTools.com. "AnatomyTools.com Components" means those Components that are made available through the Services by AnatomyTools.com or its licensors and specifically do not include Components made by you or other users of the Services. b. You may not use the Services if you are prohibited by Law (as defined below in Section 2(d)) from receiving or using the Services. Also, unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with AnatomyTools.com, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13. c. AnatomyTools.com makes certain Services and Components available only if you have paid a fee or have provided AnatomyTools.com certain Registration Information (as such term is defined in the AnatomyTools.com Online Privacy Policy) and/or created an AnatomyTools.com ID and password or other log-in ID and password (collectively, "Account Information"). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service ("Additional Terms"). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to herein as the "Terms". d. AnatomyTools.com may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, AnatomyTools.com will make a new copy of the General Terms available at http://AnatomyTools.com/support/terms-of-use, with any new Additional Terms made available to you from within or through the affected Service. AnatomyTools.com may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. Please regularly check http://AnatomyTools.com/support/terms-of-use to view the then-current General Terms and Addition Terms. e. Services and Components provided by third parties are governed by separate agreements accompanying such Services and Components. 2. Use of Services and Components.a. You agree to adhere to all limitations on dissemination, use and reproduction of any Components that you download or access from the Services. b. Unless expressly agreed to by AnatomyTools.com in writing elsewhere,
AnatomyTools.com has no obligation to store any Components that you upload, post,
email, transmit or otherwise make available through your use of the
Services ("Your Content"). "User Content"
means any Components uploaded by you or the other users of the Services.
AnatomyTools.com has no responsibility or liability for the deletion or accuracy
of any Components, including Your Content, the failure to store, transmit
or receive transmission of Components, or the security, privacy, storage
or transmission of other communications originating with or involving
use of the Services. Certain Services may enable you to specify the
level at which such Services restrict access to Your Content. You are
solely responsible for applying the appropriate level of access to Your
Content. If you do not choose, the system may default to its most
permissive setting. You agree that AnatomyTools.com retains the right to create
reasonable limits on the use of the Components, including Your Content,
such as limits on file size, storage space, processing capacity, and
similar limits described in the web pages accompanying the Services and
as otherwise determined by AnatomyTools.com in its sole discretion. c. You agree that your Account Information will always be
complete, accurate and up-to-date. It is your responsibility to keep
your Account Information confidential at all times and you are solely
responsible for all activity that occurs to your Account Information
when you are logged in to your account. If you become aware of any
unauthorized use of your account or Account Information, or any other
breach of security, you agree to notify AnatomyTools.com immediately. You may not
use another person's Account Information. AnatomyTools.com may require that you
change your Account Information or certain parts of your Account
Information at any time for any reason. d. You agree to use the Services and the Components only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data to and from the United States or other applicable countries) ("Law"). e. You agree not to access or attempt to access the Services by any means other than the interface provided by AnatomyTools.com or circumvent any access or use restrictions put into place to prevent certain uses of the Services. 3. Ownership.a. The Services and AnatomyTools.com Components, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, AnatomyTools.com and its suppliers do not grant any express or implied rights to use the Services and Components. b. The trademarks, logos and service marks displayed on the Services (the "Marks") are the property of AnatomyTools.com or third parties. You are not permitted to use the Marks without the prior consent of AnatomyTools.com or the third party that may own the Marks. AnatomyTools.com and the AnatomyTools.com logo are trademarks of AnatomyTools.com Systems Incorporated. For a current list of AnatomyTools.com's Marks, as well as certain third party Marks, please refer to the posted trademark information at http://www.AnatomyTools.com.com/misc/trademarks.html. 5. Use of AnatomyTools.com Components, User Content and Shared Group Content. a. Except as expressly indicated to the contrary in any
applicable Additional Terms, AnatomyTools.com hereby grants you a nonexclusive,
freely revocable (upon notice from AnatomyTools.com), nontransferable, license to
view, download and print AnatomyTools.com Components, subject to the following
conditions: b. Some Services involve collaboration and file-sharing services among other users or a specific group in conjunction with such collaboration and file-sharing. The User Content that you or other Users share with other Users through the Services shall be referred to as "Shared Group Content". While some Services offer functionality to limit another User's use of your Shared Group Content, such limitations are not guaranteed and it is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute. You agree that AnatomyTools.com has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use. Further, it is your sole responsibility to determine what limitations are placed on your use of another User's Shared Group Content, including by looking at a given Service's functionality and Additional Terms along with any additional restrictions placed by such User on your use of their Shared Group Content e. The rights granted to you in AnatomyTools.com Components as specified above are not applicable to the design, layout or look and feel of the of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No AnatomyTools.com Components may be copied or retransmitted unless expressly permitted by AnatomyTools.com. 6. User Conduct.a. You agree that you, not AnatomyTools.com, are entirely responsible for all of Your Content that you distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services ("Make Available"), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness. b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content. c. You acknowledge and agree that by accessing or using the
Services or Components, you may be exposed to Components (including Shared
Group Content) from others that you may consider offensive, indecent or
otherwise objectionable and hereby do waive any legal or equitable
rights or remedies you have or may have against AnatomyTools.com with respect
thereto, and agree to indemnify and hold AnatomyTools.com, its affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all
matters related to your use of the site. d. You agree not to use, or to encourage or permit others
to use, the Services to:
i. Make Available any Component that is unlawful, harmful,
threatening, abusive, tortious, defamatory, libelous, vulgar, obscene,
child-pornographic, lewd, profane, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; a. AnatomyTools.com, in its sole discretion, may (but has no obligation to) monitor or review the Services and Components at any time. Without limiting the foregoing, AnatomyTools.com shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law. b. Although AnatomyTools.com does not generally monitor User activity occurring in connection with the Services or Components, if AnatomyTools.com becomes aware of any possible violations by you of any provision of the Terms, AnatomyTools.com reserves the right to investigate such violations, and AnatomyTools.com may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Components or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, AnatomyTools.com believes that criminal activity has occurred, AnatomyTools.com reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, AnatomyTools.com is entitled to retain and/or disclose any information or Components, including Your Content or Account Information (or elements thereof), in AnatomyTools.com's possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of AnatomyTools.com, its Users or third parties, including the public at large, as AnatomyTools.com in its sole discretion believes to be necessary or appropriate. 8. Use of Your Content.A note in common terms: We realize that this section might look a bit scary and so we want to point out a few things. This section only applies to those portions of our sites, such as User Forums, where we intend for users to share content freely with AnatomyTools.com and with each other. It does not apply to all of the content that you share, contribute or post to our sites. For example, it does not apply to content hosted by CS Live online services, Photoshop.com or Acrobat.com. For services like those, we will provide customized license grants that are consistent with the spirit and intent of those services and that are appropriate for the kinds of content we expect you to share within them. (We say this more formally below.) So we encourage you to be selective when deciding which content to contribute under this license and we want you to be sure that you are comfortable granting the rights in this section when it comes to that content. a. AnatomyTools.com does not claim ownership of Your Content. However, except as provided in Section 8(b),
you grant AnatomyTools.com a worldwide (because the Internet is global),
royalty-free, nonexclusive, transferable, perpetual, irrevocable, and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display Your
Content (in whole or in part) and to incorporate Your Content into other
Components or works in any format or medium now known or later
developed. You have no obligation to provide AnatomyTools.com with ideas, suggestions, documentations and/or proposals ("Feedback"). However, if you submit Feedback to AnatomyTools.com, while you retain ownership in such Feedback, you hereby grant AnatomyTools.com a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) AnatomyTools.com is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) AnatomyTools.com may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from AnatomyTools.com for the Feedback under any circumstances. 10. Right to Derive Revenue/Advertisements.Except for Your Content subject to Section 8(b) above, you agree that AnatomyTools.com may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, AnatomyTools.com may display AnatomyTools.com and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by AnatomyTools.com on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you. 11. Links to Third Party Sites.The Services and Components may include links that will take you to other sites outside of the Services ("Linked Sites"). The Linked Sites are provided by AnatomyTools.com to you as a convenience and the inclusion of the links does not imply any endorsement by AnatomyTools.com of any Linked Site. AnatomyTools.com has no control of the Linked Sites and you agree that AnatomyTools.com is not responsible for the availability or contents of any Linked Site (including any advertising, products or other Components on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site. 12. Modifications to Services and Components.AnatomyTools.com may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Components, or any portion thereof, with or without notice. You agree that AnatomyTools.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or Components. 13. Termination.a. The Terms will continue to apply until terminated by either you or AnatomyTools.com as set forth below. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: a. The Services can be accessed from countries around the
world and may contain references to Services and Components that are not
available in your country. These references do not imply that AnatomyTools.com
intends to announce such Services or Components in your country. a. IN NO EVENT SHALL AnatomyTools.com, ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR IF AnatomyTools.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY,
INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS
ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF OR ACCESS TO THE SITE, SERVICES OR Components. NOTHING IN THE TERMS
SHALL LIMIT OR EXCLUDE AnatomyTools.com'S LIABILITY FOR GROSS NEGLIGENCE OR
INTENTIONAL MISCONDUCT OF AnatomyTools.com OR ITS EMPLOYEES, OR FOR DEATH OR
PERSONAL INJURY. a. AnatomyTools.com respects the Intellectual Property
Rights of others and expects its users to do the same. AnatomyTools.com will
respond to clear notices of copyright infringement consistent with the
Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA") and its response to such notices may include removing
or disabling access to the allegedly infringing content, terminating
the accounts of repeat infringers, and/or making good-faith attempts to
contact the user who posted the content at issue so that he may, where
appropriate, make a counter-notification. You acknowledge and agree that products, services or technology provided by AnatomyTools.com are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer AnatomyTools.com products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 19. Indemnity and Liability.You agree to indemnify and hold AnatomyTools.com and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your Content, your use of the Services or Components, your connection to the Services or Components, the actions of any member of your group, your access to or use of Linked Sites and your connections therewith, any claim that Your Content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Services or Components, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights. 20. Resolution of Disputes.a. All matters relating to your access to, or
use of, the Services or Components shall be governed by the Laws of the
State of California, United States of America without regard to conflict
of laws principles thereof. You agree that any claim or dispute you may
have against AnatomyTools.com must be resolved by a court located in Santa Clara
County, California, United States of America except as otherwise agreed
by the parties, or as set forth in section (b) below. You agree to
submit to the personal jurisdiction of the courts located in Santa Clara
County, California, United States of America for the purpose of
litigating such claims or disputes. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of Goods. a. If you discover what you believe is a product defect for any AnatomyTools.com-branded product, please contact Technical Support at US+702-826-3950 begin_of_the_skype_highlighting US+702-826-3950 end_of_the_skype_highlighting . If your product does have a defect, your product is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product. 22. General.a. Any notice provided to AnatomyTools.com pursuant to the
Terms should be sent to 5275 Arville Street Suite 372, Las Vegas, NV 89118, Attention: General Counsel. |