PaulEssickArchitects.com is an interactive on-line service operated by Paul Essick Architects ("Paul Essick Architects") on the World Wide Web of the Internet, consisting of information services and content provided by Paul Essick Architects, affiliates of Paul Essick Architects and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of PaulEssickArchitects.com.
(A) This Agreement, which incorporates by reference other provisions applicable to use of PaulEssickArchitects.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in PaulEssickArchitects.com, sets forth the terms and conditions that apply to use of PaulEssickArchitects.com by Subscriber. By using PaulEssickArchitects.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use PaulEssickArchitects.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) PaulEssickArchitects.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PaulEssickArchitects.com are copyrighted as a collective work under the United States copyright laws. Paul Essick Architects owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Paul Essick Architects and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on PaulEssickArchitects.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PaulEssickArchitects.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Paul Essick Architects the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Paul Essick Architects the right to edit, copy, publish and distribute any material made available on PaulEssickArchitects.com by Subscriber.
(D) Subscriber shall not offer, post, transfer, forward or otherwise make available any images, sounds, or text posted on PaulEssickArchitects.com as all materials are protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
(E) PaulEssickArchitects.com shall have the right at any time to change or discontinue any aspect or feature of PaulEssickArchitects.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(F) Subscriber shall use PaulEssickArchitects.com for lawful purposes only. Subscriber shall not post or transmit through PaulEssickArchitects.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Paul Essick Architects's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Paul Essick Architects's discretion restricts or inhibits any other Subscriber from using or enjoying PaulEssickArchitects.com will not be permitted. Subscriber shall not use PaulEssickArchitects.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PaulEssickArchitects.com.