Terms of Service

MAYA Design Foundry

IMPORTANT NOTICE:

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE ("FOUNDRY TOS") BEFORE USING THE MAYA DESIGN FOUNDRY, AN INTERACTIVE COLLECTION OF CUTTING EDGE DESIGNS ("FOUNDRY SITE") BY MAYA DESIGN, INC. ("MAYA"). YOUR USE OF THE FOUNDRY SITE CONSTITUTES YOUR ACCEPTANCE OF THE FOUNDRY TOS. IF YOU DO NOT AGREE WITH THE FOUNDRY TOS, YOUR SOLE RECOURSE IS NOT TO USE THE FOUNDRY SITE. [YOUR USE OF THE FOUNDRY SITE CONSTITUTES YOUR ACCEPTANCE OF THE FOUNDRY TOS. IF YOU DO NOT ACCEPT THE FOUNDRY TOS, YOU ARE NOT AUTHORIZED TO USE THE FOUNDRY SITE AND YOU WILL NOT BE PROVIDED ACCESS TO THE FOUNDRY SITE.]

1. GENERAL TOS; PRIORITY. In addition to the Foundry TOS, the MAYA.com General Terms of Service (available at http://www.maya.com/tos) and the MAYA.com Privacy Policy (available at http://www.maya.com/privacy) set forth the terms and conditions under which MAYA makes the Foundry Site available to you. In the event of an inconsistency between the Foundry TOS and either the MAYA.com Terms of Service or Privacy Policy, the Foundry TOS shall control.
2. DESCRIPTION OF SERVICE. The MAYA Design Foundry provides you with the ability to browse and download some of our latest design ideas, and to submit your thoughts and feedback about these designs via email. You understand and agree that the Foundry Site, including all new features provided with the Foundry Site, is provided "AS-IS" and that MAYA assumes no responsibility for any content or user communications.
3. INTERNAL TESTING. MAYA hereby grants you a revocable, nonexclusive, nontransferable, limited license to access the Foundry Site on your own computer for you own internal, non-commercial, personal purposes to view, download, copy, use and test the software, designs and other Content on the Foundry Site under the following conditions: (a) Content is tested and otherwise used only for your internal informational, non-commercial, personal purposes; (b) Content, or any portion thereof, that is downloaded, copied, used or tested by you contains the copyright notices contained in the TOS and other applicable notices and attributions contained in such Content; and, (c) MAYA may add, delete, or change the Foundry Site or Content at any time without notice. You agree to comply with all requests by MAYA to cease use of, return, and/or destroy any content that you have downloaded or copied from the Foundry Site. Except as expressly provided herein, MAYA does not grant any express or implied right or license to you to any patent(s), copyright(s), trademark(s), trade secret information or any other intellectual property rights of MAYA or its suppliers.
4. PROPER USE. All use of the Foundry Site and its Content is conditioned is on your continued compliance with the Foundry TOS. You agree to comply with all governmental laws, statutes, ordinances, regulations and judicial orders (including any of the foregoing related to export, unfair competition) regarding your use of the Foundry Site. MAYA reserves the right to limit the use or testing of any Content to any person, geographic area, or jurisdiction as it so desires or as required by law, regulation or judicial process. You may not distribute, republish, post, transmit or create derivative works of the Foundry Site or any Content, in any form or by any means, in whole or in part, without the prior written permission of MAYA. For example, you may not do any of the following: use the Foundry Site to sell a product or service; take any content from the Foundry Site and reformat and display them, or mirror any portion of the Foundry Site on your Web Foundry Site; or "meta-search" the Foundry Site. If you wish to use any portion of the Foundry Site for commercial purposes, please contact MAYA for more information.
5. SUBMISSION OF INFORMATION BY YOU. There may be opportunities within the Foundry Site for you to actively participate, including providing MAYA with comments, communications, suggestions, know-how, documentation, methodologies, procedures, techniques, data, designs, graphics, software code, processes, technology and/or other information ("Information"). In providing the Information to MAYA, you agree to not:
   1. provide any Information that is unlawful, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
   2. impersonate any person or entity, including without limitation, any MAYA official, content editor, guide or host, forge or otherwise manipulate identifiers in order to disguise the origin of any Information, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   3. provide any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (inside information, proprietary and confidential information disclosed as part of employment relationships or under nondisclosure agreements, etc.);
   4. provide any Information that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party; or,
   5. provide any Information that contains software viruses or any other computer code that interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment.
6. INTELLECTUAL PROPERTY RIGHTS. All Content on the Foundry Site, are the intellectual property of MAYA unless otherwise noted or attributed, and are protected by United States and international copyright and trademark law, as well as other state, federal, provincial and international intellectual property rights. Copyright ©2005, MAYA Design, Inc. All rights reserved. You grant MAYA the complete an irrevocable right to retain, reproduce, modify, distribute, publicly display and otherwise make use of any Information that you provide to MAYA without attribution, notice or compensation to you. You hereby represent that unless otherwise expressly specified by you, the Information is wholly original to you, that no one else has any rights in the Information and that MAYA, if it so desires, is free to adopt, modify and/or implement the Information without obtaining permission or license from any third party. You agree that with respect to any MAYA products or services that use any Information, as between you and MAYA, all intellectual property rights belong to MAYA. To the extent Information is protectable under intellectual property laws you agree to cooperate with MAYA to protect and/or perfect any and all intellectual property rights, and any registrations thereof, and you hereby appoint MAYA as your attorney-in-fact for the purpose of executing documents MAYA deems necessary for this purpose. You agree that you will not, under any circumstances, contest or attack MAYA's ownership of products or services that use any Information or MAYA's right to use any Information. Under no circumstances shall MAYA be subject to any obligation of confidentiality with respect to any Information.
7. MODIFICATIONS. MAYA may modify and update the Foundry TOS without notice at any time. You can review the current version of the Foundry TOS at http://foundry.maya.com/_docs/termsofservice/. MAYA reserves the right, without notice at any time, to modify or discontinue, temporarily or permanently, the Foundry Site (or any part thereof), or to assign MAYA's rights hereunder to any third party. You agree that neither MAYA, nor its successors or assigns, shall be liable to you or to any third party for any such modification, suspension or discontinuance.
8. PRIVACY. You acknowledge, consent and agree that MAYA may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Foundry TOS; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of MAYA, its users and the public. MAYA respects the privacy of all personal information you provide to the Foundry Site and shall use such information solely for the operations of the Foundry Site. Your use of the Foundry Site is subject to MAYA's privacy policy. For information on MAYA's privacy practices, please see the entire privacy policy at http://www.maya.com/privacy.
9. INDEMNITY. You agree to indemnify and hold MAYA, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Foundry Site, your connection to the Foundry Site, your violation of the Foundry TOS, or your violation of any rights of another.
10. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you hereby release and waive all claims against MAYA and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Foundry Site.
11. DISCLAIMER OF WARRANTIES. Please note that the content provided as part of this Foundry Site is experimental in nature. It has not been tested in any manner, and MAYA does not represent that it is reliable, accurate, complete or otherwise valid. ACCORDINGLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE FOUNDRY SITE IS AT YOUR SOLE RISK. THE FOUNDRY SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAYA MAKES NO WARRANTY THAT THE FOUNDRY SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MAYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FOUNDRY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAYA OR THROUGH OR FROM THE FOUNDRY SITE SHALL CREATE ANY WARRANTY.
12. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAYA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF MAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE FOUNDRY SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMPUTER, TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FOUNDRY SITE; OR (IV) ANY OTHER MATTER RELATING TO THE FOUNDRY SITE.
13. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
14. NO ASSIGNMENT. You shall not assign the Foundry TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without MAYA's prior written consent. Any such purported assignment or delegation by you without MAYA's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by MAYA at its sole and absolute discretion.
15. VIOLATIONS. Please report any violations of the Foundry TOS to MAYA Design Foundry, 2100 Wharton Street, Ste 702, Pittsburgh, PA 15203, tos+foundry@maya.com.
16. LINKS TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE MAYA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MAYA AND MAYA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MAYA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MAYA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MAYA.