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Terms of use
 
USE OF THIS SITE
This Site Usage Agreement is a binding agreement between you and Compucon S.A. If you are entering into this Agreement on your employer's behalf, this agreement applies both to you and to your employer. The following terms and conditions apply to your access and use of all material and Images from Compucon S.A or Embmarketplace.com site. Compucon S.A reserves the right to change this Agreement from time to time at its sole discretion. Your use of the site will be subject to the most current version of this Agreement posted on the site at the time of such use. By using this site and/or downloading any material, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not click on "accept" and do not use this site or download or use any Images.

OWNERSHIP OF OUR SITE
This site is owned and operated by Compucon S.A. All images and related informational materials in any medium furnished by Compucon S.A, including related text, captions, or information (collectively referred to as "Images") are owned by Compucon S.A or our Image providers. All and related pricing and usage information is owned by Compucon S.A hereinafter referred as "Compucon".
Images may be visibly or electronically watermarked and reduced resolution Images ("Watermarked Images") or full resolution non-watermarked Images ("Non-Watermarked Images"). All Images are protected by US and international copyright laws. For the protection of Compucon and our Image providers, Images on this site may be visibly watermarked and/or digitally watermarked.

YOUR USE OF THE SITE
You may access this site as a "Guest" or, if authorized, as an "Authorized User." Guests and Authorized Users may use the site to search for Watermarked Images to download and use as permitted below. Authorized users may access and use Non-Watermarked Images as permitted by written agreement between the Authorized User and Compucon and subject to Compucon's Standard Terms and Conditions. By downloading any Image, you agree to permit Compucon to audit your compliance with this Agreement via the use of software designed to track and identify Images. Compucon's audit procedures are specified in the Standard Terms and Conditions.
You agree to furnish true and accurate information when registering for access as a Guest or Authorized User. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You shall not distribute access information or allow others to use access information to access this site as a Guest or Authorized User without separate written permission of Compucon. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Compucon of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others, with or without your permission or knowledge prior to the time that you notify Compucon of any unauthorized use.
You may not remove any copyright or other notices contained in the Images and information. Compucon reserves the right to restrict or remove your access to this site at any time, or revoke your authorization to view, download and use the Images and information on this site at any time, and you shall immediately discontinue your such use upon written notice from Compucon.
Any license granted by Compucon will terminate immediately, without notice from Compucon, if you fail to comply with any provision of this agreement or with Compucon's Standard Terms and Conditions. If a license is terminated, you must immediately (i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or at Compucon's request return all such copies to Compucon. Your use of this site and any Images shall comply with all applicable law, including without limitation, laws relating to moral rights. Compucon may restrict or remove the use of any Image for any reason, and may replace the Image with another Image You agree to immediately discontinue all use of the Image upon notification from Compucon.
This site could include technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important subject matter and text that reflects the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context or that could be potentially offensive. You are solely responsible for determining whether your use of an Image or any related information is appropriate for your intended use and complies with any applicable law or custom.
As a convenience, our site may link to other sites that may be of interest to you but are not under Compucon's control. These links do not imply an endorsement by Compucon and we are not responsible for the availability of or the content contained in any linked site.

USE OF JUKI DESIGNS
"I hereby agree that:
1) I shall use the purchased Juki Digital Design(s) only for the purpose of private and personal use in combination with household sewing machine and I shall not use the purchased Juki Digital Design(s) for the purpose of commercial use.
2) I shall not copy, reproduce, modify, alter the purchased Juki Digital Design(s) either in whole or in part, and shall not sell or otherwise distribute such the purchased Juki Digital Design(s), and shall not use any things manufactured by using the purchased Juki Digital Design(s) for any purposes other than private and personal use.
3) If any defects are found in the purchased Juki Digital Design(s). I shall have only the right to request repair, if COMPUCON confirms that there exist certainly such defects. In no case shall COMPUCON be liable for any and all damages and losses suffered due to existence of such defects AND IN ANY CASE SUCH LIABILITY IS LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER TO COMPUCON FOR THE PURCHASE OF THE SPECIFIC DIGITAL DESIGN(s)

YOUR USE OF IMAGES
Please read our Guide to Using Images, even if you are familiar with using and licensing images. You are responsible for knowing about the rights and restrictions that apply to use of Images, and you should not rely upon any information furnished by Corbis when deciding if the use of an Image requires rights or permissions from third parties.

MODEL AND PROPERTY RELEASES/CLEARANCES
Images may depict persons, places, property, or subject matter that may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. No model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing signed by Compucon. Compucon makes no representations or warranties that it owns or licenses any such rights nor does Compucon grant you any rights including copyright or trademarks to any person, place, property, or subject matter depicted in any image. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights. Further, Compucon makes no representation or warranty as to the accuracy of any information provided with the images. The rights granted to you by Compucon under this Agreement are conditioned upon your obtaining all necessary third-party rights, releases and permissions and all other conditions (including your compliance with any restrictions). You will provide Compucon with proof of such releases and permissions upon request.

USE OF WATERMARKED IMAGES
Compucon grants you a non-exclusive, revocable limited license for sixty (60) days from the date you download a Watermarked Images to evaluate whether you wish to purchase a license to the Non-Watermarked Image according to Compucon's Standard Terms and Conditions, and you may use the Watermarked Images in internal comps and layouts to assist in your evaluation. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Watermarked Image. Except for this limited, internal evaluative use, Compucon grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

USE OF NON WATERMARKED IMAGES
Your use of Non-Watermarked Images shall be governed by Compucon Standard Terms and Conditions. Only Authorized Users may access and download Non-Watermarked Images.

UNAUTHORIZED USE
Without limitation, Images may not be utilized for any commercial use, or as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of any Image constitutes copyright infringement and shall entitle Compucon to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages.
Compucon's pricing and usage information is confidential and proprietary information belonging to Compucon. You may use pricing and Image usage information for the sole purpose of determining whether you wish to purchase a license for an Image. All other use is prohibited. You may not copy, archive, save, or distribute any pricing or usage information from this site, and you may not reproduce any pricing or usage information without Compucon's prior written approval. Without limitation, you may not "crawl" this site or employ software or hardware to search or retrieve any Images or pricing, usage or other information available on the site.
The foregoing does not limit Compucon's rights or remedies in connection with any unauthorized use.

SENSITIVE SUBJECTS

Any license granted by Compucon shall not constitute a representation that an Image is compatible for use, alone or with any other material. You are solely responsible for the use of any Image in combination with any other material, especially uses covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.


LISTED RESTRICTIONS

Images may contain restrictions, including without limitation restrictions as to time, manner, and territory of use. Use of any Image contrary to a listed restriction is prohibited. If you are unsure as to the meaning or application of any Image restriction or information on this site, you must contact Compucon prior to download or use of any Image. Certain Images that indicate "no restrictions" mean only that Compucon does not have any specific restriction on file; you must still comply with all laws and third-party rights and restrictions when using such Image


COMPUCON TRADEMARKS

Except as contained in any visible watermark or credit line, you may not use the trademarks or service marks of Compucon without Compucon's prior written consent. Compucon and the Embmarketplace.com logo are registered trademarks of Compucon. All goodwill arising from the use of any Compucon trademark shall inure to the benefit of Compucon and remains Compucon's sole property.


INDEMNIFICATION

You will indemnify and defend Compucon against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) your failure to abide by any restriction regarding the use of an Image, or (3) any claim by a third party related to the use of this site or any Image, alone or in combination with any other material.


DISCLAIMERS

COMPUCON PROVIDES YOU WITH ITS SITE AND IMAGES ON AN "AS IS" BASIS. COMPUCON MAKES NO WARRANTY, EXPRESS OR IMPLIED: (1) THAT THE SITE OR ANY IMAGES ARE ACCESSIBLE OR ERROR-FREE, OR (2) REGARDING ANY IMAGES, ITS SITE , THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER COMPUCON NOR OUR CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, OR AGENTS NOR ANY COMPUCON AFFILIATE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL COMPUCON OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE


NOTIFICATION OF COPYRIGHT INFRINGEMENT

Compucon may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Compucon's site, send Compucon's copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Compucon site; (iv) information sufficient to permit Compucon to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Compucon's copyright agent for notice of claims of copyright infringement can be reached as follows:
Compucon S.A
14th klm. Thessaloniki Moudania Highway
P.O. Box 445 - 57001 Thermi - Thessaloniki - Greece
By telephone: ++30 2310 490300
By fax: ++30 2310 490388


CHOICE OF LAW/JURISDICTION/ATTORNEY'S FEES

Any dispute regarding this Agreement shall be governed by the laws of Greece, notwithstanding any conflicts of laws, as amended, and you agree to accept the exclusive jurisdiction of the state and federal courts located in Thessaloniki - Greece. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s'y rattache soient rediges en langue anglaise). In any dispute between Compucon and you, Compucon shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from the other party.


NO WAIVER/SEVERABILITY

No action of Compucon, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.


MISCELLANEOUS

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Compucon, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by Compucon. If Compucon's performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, flood, fire, explosion or other act of nature or any other matter not within Compucon's reasonable control, then the date for performance shall be extended by the time of such delay. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Compucon's prior written consent.

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