Welcome to the web site www.intrigueplugins.com (the “Site”) operated
and owned by Intrigue Technologies, Inc. (the “COMPANY”). Please
read carefully the following legal agreement before using this Site. By using
window now and do not use this Site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined
Site. This Agreement constitutes the entire and only agreement between you
and COMPANY, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, its content, 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. You are advised to review these terms each time
that you use the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyright, trademark and other proprietary rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does
not constitute a waiver of any right in such information and materials.
3. Trademarks. Shadow Illuminator™ is a trademark of COMPANY. Other
product and Company names mentioned on the Site may be trademarks of their
4. Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may be reproduced in
any form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (except in the event you attempt
for resale or redistribution).
5. Use of Forums and Public Communication. “Forum” means a discussion
group, chat area, bulletin board, news group, letter to COMPANY, its webmaster
or employees, or e-mail function offered as part of the Site. You agree not
to upload, e-mail, post, publish or otherwise transmit through a Forum any
content that: (a) is false or misleading; (b) is defamatory; (c) is harassing
or invades another’s privacy, or promotes bigotry, racism, hatred or
harm against any group or individual; (d) is obscene; (e) infringes another’s
rights, including but not limited to, intellectual property rights; (f) constitutes
unsolicited bulk e-mail, “junk mail,” “spam” or chain
letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute
or otherwise publish any content containing a solicitation of funds, promotion,
advertising, solicitation for goods or services, or other commercial matter.
You agree not to solicit other users of the Site to use or join or become members
of any commercial online or offline service or other organization. Except where
expressly authorized by COMPANY, you agree not to collect or store personal
data about other users.
By uploading, e-mailing, posting, publishing or otherwise transmitting content
to any Forum or submitting any content to COMPANY, you automatically grant
(or warrant that the owner of such rights has expressly granted) COMPANY a
perpetual, royalty-free, irrevocable, nonexlusive right and license to use,
reproduce, modify, adapt, publish, transmit and distribute such content in
any form, medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the content have been waived.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on
7. Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable
attorney’s fees, related to your violation of this Agreement or use of
8. Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for all activities
that occur under your password(s). You agree to notify COMPANY immediately
of any unauthorized use of your password(s).
COMPANY is concerned about the security of personal information we have collected
from you and has taken reasonable steps to prevent unauthorized access to that
9. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY 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 (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
10. Use of Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you.
11. Links to other Web Sites. The Site contains links to other Web sites.
We are not responsible for the content, accuracy or opinions express in such
Web sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so at your
12. Copyrights and Copyright Agents. We respect the intellectual property
of others, and we ask you to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is
located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the
Site is Robert Vukic who can be reached as follows:
c/o Intrigue Technologies, Inc.
513 Harrogate Road
Pittsburgh, PA 15241
By phone: (412) 855-8780
By email: copyrights @ intrigueplugins.com
13. Information. The Site contains information and press releases about us.
While this information was believed to be accurate as of the date prepared,
we disclaim any duty or obligation to update this information.
14. Miscellaneous. This Agreement shall be treated as though it were executed
and performed in Pennsylvania, and shall be governed by and construed in accordance
with the laws of the Commonwealth of Pennsylvania (without regard to conflict
of law principles). Any cause of action by you with respect to the Site (and/or
any information, products or services related thereto) 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 in Section 9. The
language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. All legal proceedings arising out
of or in connection with this Agreement shall be brought solely in the federal
or county courts sitting in Pittsburgh, Pennsylvania. You expressly and irrevocably
submit to the exclusive jurisdiction of said courts and consent to extra-territorial
service of process. You also hereby expressly and irrevocably waive, to the
fullest extent permitted by law, any objection you may now or hereafter have
to the laying of venue of any such litigation brought in any such court referred
to above and any claim that any such litigation has been brought in an inconvenient
forum. 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.