|
Terms Of Use Agreement:
Welcome to the Web site operated by
Atelier Gordana Zucic . We maintain this Web site as a service to its visitors.
By using this Web site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If you
do not agree to these terms, you have no right from Atelier Gordana Zucic to
obtain information from or otherwise use this Web site. Failure to use this
Web site in accordance with the following terms of use may subject you to severe
civil and criminal penalties.
Introduction:
You agree
to the terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to this Web site (the "Site"). 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 and computer programs 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 each use of the Site.
Copyright:
The content, organization,
graphics, design, compilation, magnetic translation, digital conversion and
other matters related to 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, except as allowed under "Limited
Right to Use" below, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site.
The posting by Atelier Gordana Zucic of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
Copyright and Service Mark Information:
Copyright ©
Atelier Gordana Zucic, 2005, all rights reserved. "Atelier Gordana Zucic,"
"GZ," "Clothing," "GZPro," "GZWire,"
and associated logos are protected service marks of Atelier Gordana Zucic. in
the Bosnian and other countries. The "Real" logo and "Real Player"
are trademarks of RealNetworks, Inc. in the United States and other countries.
"Windows" and "Windows Media" are trademarks of Microsoft,
Inc. in the United States and other countries. All other trademarks are the
property of their respective owners.
Limited Right to Use:
The
viewing, printing or downloading of any content, video, audio, graphic, form
or document from the Site grants you only a revocable, nonexclusive license
for use solely by you for personal, noncommercial purposes limited to the use
as is reasonably required to view and listen to the content and navigate through
the pages and links generally available to the public using a standard Internet
browser and standard media player, and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use.
No part of any content, graphic, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic or mechanical,
other than for your personal, noncommercial use (but not for resale or redistribution).
Editing, Deleting and Modification:
We reserve the right
in our sole discretion to change, edit or delete any documents, information
or other content appearing on the Site.
Indemnification:
You
agree to indemnify, defend and hold Atelier Gordana Zucic and their respective
directors, officers, shareholders, employees, agents, attorneys, advertisers,
and publishers (collectively, "Our Affiliated Parties") harmless from
any liability, loss, claim or expense, including reasonable attorneys' fees,
related to your use of the Site or violation of this Agreement.
Nontransferable:
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents from the Site is not transferable.
WARRANTY
DISCLAIMER AND LIMITATION OF LIABILITY:
THE COMPUTER PROGRAMS, INFORMATION
AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Atelier Gordana
Zucic DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH
THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE,
(B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE
SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS
WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS,
(E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS,
ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION'
AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED
WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT
AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
COMPENSATORY, 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, PRODUCT LIABILITY OR
OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE
SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other Web Sites:
The Site may now, or hereafter
from time to time, contain links to third-party Web sites. We do not control,
investigate, monitor or check such Web sites, we are not responsible for the
computer programs available from, content in or opinions expressed at such Web
sites, and we do not investigate, monitor or check. We provide such third-party
links only as a convenience to visitors of the Site, and the inclusion of a
link does not imply approval or endorsement of the linked site by us. If you
decide to leave the Site and access any third-party Web site, you do so at your
own risk.
Forward-Looking Statements:
The Site may now,
or hereafter from time to time, contain certain statements or information with
respect to (i) the projection of revenues, income, earnings per share, capital
expenditures, dividends, capital structure, or other financial items relating
to us; (ii) our plans, objectives and/or projections for future operations,
including those relating to our products or services; (iii) our future economic
performance; and (iv) other projections, estimates or forward-looking statements
relating to us. All such statements and information are forward-looking statements
within the meanings of Section 27A of the Securities Act of 1933, as amended,
and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward-looking
statements are based upon, or will be based upon, our judgment with respect
to future events and are subject to a number of uncertainties and risks that
could cause actual results or circumstances to differ materially from those
expressed in the forward-looking statements. For further detail and information
concerning such risks and uncertainties, please consult our reports and other
documents and information now and hereafter on file with the Securities and
Exchange Commission.
Information and Press Releases:
The
Site contains interviews, discussions, press releases and other information
(collectively, "Information") about us, our business and our services,
including links to third-party websites that contain such Information, which
are being provided as a convenience to visitors of the Site. While all Information
prepared by Atelier Gordana Zucic was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update any Information. Statements
concerning companies other than Atelier Gordana Zucic that are contained in
any such Information should not be relied upon as being provided or endorsed
by us. The opinions expressed in any Information, including by employees and
agents of Atelier Gordana Zucic , are solely those of the author(s) and do not
necessarily reflect those of Atelier Gordana Zucic . With respect to Information,
contained in links to third-party websites, please refer to "Links to other
Websites" above.
Export Control:
Any text, logos,
designs, graphics, images, sounds, information, documents, or other materials
(collectively, "Materials") available from or through the Site are
or may be subject to United States export controls. No such Materials from this
site may be downloaded or otherwise exported or re-exported (1) into (or to
a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea,
or any other country to which the United States has embargoed goods; or (2)
to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted
List"). By using or downloading any Materials from the Site, you are warranting
that you are not located in, under the control of, or a national or resident
of any such country or on any Restricted List.
Visitors' Communications:
Except where expressly provided otherwise by us, all comments, feedback,
information, or materials that you submit through or in association with the
Site shall be considered non-confidential. By submitting such comments, feedback,
information, or materials to us:
i. You represent and warrant that Atelier
Gordana Zucic's use of your submission does not and will not breach any agreement,
violate any law, or infringe any third party's rights;
ii. You represent
and warrant that you have all rights to enter into this agreement;
iii.
Atelier Gordana Zucic is free to use in any manner all or part of the content
of any such communications on an unrestricted basis without the obligation to
notify, identify or compensate you or anyone else; and
iv. You grant
Atelier Gordana Zucic all necessary rights, including a waiver of all privacy
and moral rights, to use all comments, feedback, information, or materials,
in whole or in part, or as a derivative work, without any duty by Atelier Gordana
Zucic to anyone whatsoever.
We do not accept unsolicited ideas, works,
or other materials, and you acknowledge that you are responsible for and bear
all risk as to the use or distribution of any such ideas, works, or materials.
Miscellaneous:
The Site can be accessed from different
locations around the world and may contain references to Atelier Gordana Zucic
services, and programs that have not been announced where you are located. These
references do not imply that Atelier Gordana Zucic intends to announce such
products, services or programs where you are located. This Agreement shall be
treated as though it were executed and performed in Santa Barbara, California,
and shall be governed by and construed in accordance with the laws of the United
States of America and of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect to the Site (and/or
information, documents and other materials contained therein) 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 under "Disclaimer"
above. The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against you or us. You expressly submit to the exclusive
personal jurisdiction and venue of the Superior Court of Santa Barbara County
and the United States District Court for the Central District of California
with respect to all matters relating to this Agreement or your use of the Site,
and consent to extra-territorial service of process in connection therewith.
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.
|