PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, BEFORE USING THIS SITE.
Welcome to the Geographics.com Internet site referred to as the “Site”.
This site is owned and operated by 5A Plus, llc., (referred to as “we,” “us,” or “our” herein).
BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
Except for the historical information contained herein, Geographics.com matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time in Geographics.com’s reports filed with the Securities and Exchange Commission, including Geographics.com’s most recent Forms 10-K and 10-Q.
SITE CONTENTS, OWNERSHIP AND USE RESTRICTIONS
The information contained in this Site including all content, images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Geographics.com or its subsidiaries and affiliates (“5A Plus, llc”) or are the property of their respective owners. The name Geographics.com and the Geographics.com logo are registered marks of 5A Plus,llc.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Geographics.com; or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Geographics.com or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of 5A Plus, llc, it is strictly prohibited.
Guidelines for the Use of Images or content from Geographics Clip Art, Templates and Suggested Wording
Geographics Templates page contains numerous clip art images (collectively referred to as the “Images”) which are owned by Geographics.
As a consumer of Geographics products you are free to use these images at no cost, subject to the restrictions set out below.
YOU MAY, subject to any restrictions set out below:
1. Download for free any Geographics Clip Art Image(s) for your personal use, to personalize Geographics stationery and Geographics paper products, only.
2. You may download and print one copy of the Clip Art image on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights.
YOU MAY NOT:
1. You may not resell, sublicense or otherwise make available the Clip Art image(s) for use or distribution.
2. Geographics Clip Art Image(s) may not be used as part of a web page design, and may not be made available for downloading separately or in a format designed or intended for free download, permanent storage or re-use by others.
3. You may not use or permit the use of the Geographics Clip Art Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
4. You may not use the Geographics Clip Art Image(s) in electronic format, on-line or in multimedia applications;
5. You may not rent, lease, sublicense or lend the Geographics Clip Art Image(s), or a copy thereof, to another person or legal entity.
6. You may not use any Geographics Clip Art Image(s) except as expressly permitted by Geographics.
©2012 Geographics All Rights Reserved.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. You own the medium on which the Software is recorded, but we retain all rights, title, and ownership to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
DISCLAIMER OF WARRANTY
GEOGRAPHICS.COM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH GEOGRAPHICS.COM BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, GEOGRAPHICS.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from our site from third parties not associated with us. We can not and will not be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL GEOGRAPHICS.COM BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, Geographics.com will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Geographics.com (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders unless otherwise noted. Prices on some items may differ from those charged at stores that sell geographics products. Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Geographics.com (“Transmissions”) shall be and remain Geographics.com’s property. By submitting any Transmissions to Geographics.com, you represent and warrant that:
- you are the sole author and owner of the Transmission and any intellectual property rights thereto;
- all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
- all Transmissions that you post are accurate;
- you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Geographics.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Geographics.com and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of Geographics.com (address below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Materials so that Geographics.com can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
Geographics.com’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
5 A Plus, llc
108 Main Street
Norwalk, CT 06851
Attn: E-commerce Manager
Geographics.com shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Geographics.com may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.