CGMagazine Online Terms and Conditions (“Agreement”)
This Agreement was last modified on January 01, 2022.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://www.cgmagonline.com/ (“the Site”) operated by CGMagazine (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://www.cgmagonline.com/.
By accessing or using the Site in any manner, including but not limited to visiting, browsing, contributing content or other materials, or utilizing automated systems such as bots or scripts, you agree to be bound by these Terms and Conditions. The use of automated systems to interact with the Site, including bots, is subject to the same rules and restrictions as all other forms of access and use. Unauthorized use of such automated systems is strictly prohibited and may result in immediate termination of access or other legal consequences. Capitalized terms are defined in this Agreement. Your use of this website signifies your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not access or use this website.
1 – Intellectual Property
The Site and its original content, features and functionality are owned by CGMagazine and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
2 – Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3 – What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
4 – What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
5 – How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
6 – Links to Third Party Websites
The CGMagazine Website may contain links to third-party websites that are not owned or controlled by CGMagazine. The inclusion of any link does not imply any endorsement by CGMagazine of these third-party websites, the individuals or entities who own and operate them, or any association with their operators. You acknowledge and agree that CGMagazine has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. It is your responsibility to review the terms and conditions and privacy policies of these third-party websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
7 – Copyright
- 7.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CGMagazine or otherwise used by CGMagazine as permitted by law.
- 7.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
- 7.3 Protection of CGMagazine Copyright: All content presented on this website, including but not limited to text, graphics, logos, images, and software, is the property of CGMagazine or its content suppliers, and is protected by international copyright laws. Any unauthorized use, reproduction, or distribution of the site content, whether carried out manually or via automated means, constitutes a breach of CGMagazine’s copyright.
- 7.4 Consequences of Unauthorized Use: Any party found to be using automated processes for copyright trolling activities or otherwise violating CGMagazine’s copyright will be considered in breach of these Terms of Use and will face severe penalties. These penalties can include legal action, claims for damages, and the enforcement of fines per infraction. CGMagazine reserves the right to report such activities to relevant authorities and to seek all available remedies under the law.
- 7.5 Prevention and Reporting: CGMagazine employs measures to detect and prevent unauthorized automated access. We encourage users to report any suspected copyright trolling activities to us promptly. Your cooperation is appreciated in maintaining a respectful and safe community.
8 – Disclaimers and Limitation of Liability
- 8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- 8.2 To the extent permitted by law, CGMagazine will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- 8.3 CGMagazine makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- 8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of CGMagazine for death or personal injury as a result of the negligence of CGMagazine or that of its employees or agents.
9 – Responsibilities and Liabilities
- 9.1 Waiver of CGMagazine Liability: All writers, Contributors, contractors, and any other parties involved in the creation or distribution of content on behalf of CGMagazine hereby agree to waive CGMagazine of any liability in the event of a copyright infringement that arises due to their actions. In such instances, these parties bear sole liability if they have misrepresented the licensing status, breached copyright law, or otherwise used copyrighted material without proper authorization.
- 9.2 Responsibility for Copyright Compliance: Parties contributing content to CGMagazine, including but not limited to text, images, audio, and video, affirm that they have the necessary rights, licenses, consents, and permissions to lawfully use and authorize CGMagazine to display such content. By submitting, posting, or displaying content on or through CGMagazine, the contributors represent and warrant that they have the rights to comply with these Terms.
- 9.3 Potential Misrepresentation of Copyright: Despite our best efforts and stringent controls in sourcing content through proper channels, we acknowledge that there may be instances where bad actors misrepresent copyrighted material as royalty-free or their original work. CGMagazine disclaims any liability arising out of such situations, but is committed to responding promptly upon notification of any potential infringement. We advise all contributors to exercise caution and perform due diligence when sourcing content.
10 – Prohibition of Automated Access
- 10.1 Unauthorized Use of Bots and Scrapers: The content available on this website, including but not limited to text, images, graphics, logos, button icons, audio clips, video, data compilations, and software, is the property of our company, its content suppliers, or our licensors and is protected by copyright laws. Users are prohibited from utilizing automated devices, such as bots, spiders, scrapers, crawlers, or data mining tools of any sort and any functionalities alike to copy, download, reproduce, modify, distribute, transmit, or in any way exploit any part of the website or any content contained therein.
- 10.2 Requirement for Written Consent: Any use of automated systems or software to extract data from this website (“data scraping”) for any purpose, commercial or otherwise, is strictly prohibited without our express prior written consent. To seek permission for such use, you must contact us in writing detailing the intended usage and purpose.
- 10.3 Consequences of Unauthorized Use: Unauthorized use or attempted unauthorized use of such tools constitutes a violation of these Terms of Use and may constitute a breach of copyright laws. Should any user be found to be in violation of this clause, we reserve the right to seek all remedies available by law and in equity for such violations, including the possibility of legal action. This may include, but is not limited to, initiating civil and/or criminal proceedings against the offender, seeking injunctive relief, and claiming for damages and legal costs. Violations may also result in immediate termination of your access to our website, without prior notice.
- 10.4 Unauthorized Automated Access and Trolling: The use of automated processes or systems, such as bots, to engage in copyright trolling activities on CGMagazine is strictly prohibited. Any automated access or retrieval of content, including images, screenshots, or copied text, for the purpose of enforcing copyright claims, seeking damages, or for any other exploitative purpose, is considered a violation of these Terms of Use.
11 – Digital Millennium Copyright Act (DMCA) Compliance
- 11.1 Respect for Copyright: CGMagazine respects the intellectual property rights of others and expects its users to do the same. All content, images, and material available on this website are sourced, licensed, and displayed in compliance with applicable copyright and intellectual property laws.
- 11.2 DMCA Compliance: In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website, CGMagazine will respond promptly to claims of copyright infringement committed on the website that are reported to our designated copyright agent identified below.
- 11.3 Reporting Infringements: If you are a copyright owner or are authorized to act on behalf of one, and you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, with enough detailed information to allow us to locate the material;
- Your contact information, including your address, telephone number, and an email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated copyright agent to receive DMCA Notices is: [email protected]
- 11.4 Investigation and Response: Upon receipt of a valid and complete notice, CGMagazine will investigate the allegations contained in the notice. If the alleged infringement is found upon investigation to be valid, CGMagazine will take appropriate action, which may include removing or disabling access to the copyrighted material.
- 11.4 Repeat Infringers: In accordance with the DMCA, it is our policy to terminate the accounts of repeat infringers. We may also at our sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12 – Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising from or relating to this agreement, your use of the Site, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively through final and binding arbitration administered by the Canadian Arbitration Association (CAA) under its rules of arbitration, rather than in court, and you hereby consent to and waive any objection to jurisdiction and venue in such courts. Notwithstanding the foregoing, we reserve the right to bring legal action against you in any court of competent jurisdiction in the Province of Ontario, Canada, to enforce our rights under these Terms and Conditions.
13 – Indemnity:
You agree to indemnify and hold CGMagazine and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CGMagazine arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
14 – Severance:
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed from the rest of these Terms and Conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.
15 – Changes to the Terms:
We reserve the right to update or modify these Terms of Use at any time without prior notice. Your use of the website following any such change constitutes your agreement to be bound by the modified Terms of Use.