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Image Library

Terms and Conditions of Use of Online Photo Library


This Online Photo Library (the "Library") is provided by Decade Industries, Inc, d/b/a SANUS ("SANUS") and may be used for purposes of promoting SANUS products only. By using the Library or downloading materials from the Library, you agree to abide by the terms and conditions set forth in this notice. If you do not expressly agree to abide by these terms and conditions, you will not be able to access the Library.


Limited License

Subject to the terms and conditions set forth in this Agreement, SANUS grants you a non-exclusive, non-transferable, limited right to access, use and display the pictures contained in this Library and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Library in any way.


SANUS authorizes you to view and download the information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material ("Materials") at this Library only for use in promoting the SANUS products. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the Library including the text, images, audio and/or video for any other purposes without written permission from an authorized representative of SANUS. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or copy or post the Materials on any network computer or reproduce or publicly display, perform, distribute or use the Materials for any purpose other than for promoting SANUS products; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed in the Library as it may be updated from time to time. This Library, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Library and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SANUS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.


Proprietary Rights

All Materials are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Materials are copyrighted as a collective work under the U.S. and international copyright laws, and SANUS owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Materials.


The SANUS logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by SANUS and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.


Security

If you use the Library, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.


The Library may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.


Users are prohibited from violating or attempting to violate the security of the Library, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Library for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Library, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Library (impersonating the Library) or to the Library (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of SANUS, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.


Product Display/Colors

SANUS attempts to display product images shown in the Library as accurately as possible. However, SANUS cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.


Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SANUS DOES NOT WARRANT THAT THE PRODUCTS DEPICTED IN THE LIBRARY ARE AVAILABLE AND SANUS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE LIBRARY. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE AVAILABILITY OF SUCH PRODUCTS OR ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SANUS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SANUS MAY MAKE ANY OTHER CHANGES TO THE LIBRARY, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS WEBSITE OR THE LIBRARY AT ANY TIME WITHOUT NOTICE.


THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE AND IN THE LIBRARY, AND ANY SOFTWARE MADE AVAILABLE HEREIN, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitations of Damages

IN NO EVENT SHALL SANUS OR ANY OF ITS SUBSIDIARIES OR SUCCESSORS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE LIBRARY, THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF SANUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Changes

SANUS reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Library after any changes to this Agreement are posted will be considered acceptance of those changes.


SANUS may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Library or your use of the Library, including the availability of any features of the Library, at any time. SANUS may also impose limits on certain features and services or restrict your access to parts or all of the Library without notice or liability. SANUS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all copies of Materials.


International Users and Choice of Law

This Library is controlled, operated and administered by SANUS from its offices within Minnesota in the United States of America. SANUS makes no representation that the Material is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Library or export the Material in violation of U.S. export laws and regulations. If you access this Library from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Minnesota, without giving effect to its conflict of laws provisions.


This Agreement constitutes the entire agreement between SANUS and you with respect to your use of the Library. Any cause of action you may have with respect to your use of the Library must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.


Minimum Advertised Price Policy

SANUS is the designer and manufacturer of products that are advertised, marketed and sold using copyrighted materials and under the trademarks, brands, or tradenames belonging to it. The following is SANUS' policy regarding the advertising of product prices.


1. Purpose: SANUS' goal in enacting this policy is to avoid depreciation of, or damage to, the trademarks, brands or tradenames under which its products are sold.


2. Minimum Advertised Pricing: SANUS hereby advises each of its dealers, distributors and retailers that advertising products using SANUS copyrighted materials (including photographs from the online photo library or SANUS-created product descriptions) at a price below the manufacturer suggested retail price as listed or published by SANUS in its most recent price list (the MSRP) may lead to certain consequences, including SANUS' discontinuance of its business relationship with such dealer, distributor or retailer. For the purposes of this policy, the term "advertising" shall include any price listing accessible to consumers directly via the World Wide Web, provided that "advertising" shall not include a price quotation sent via email to a consumer at the consumer's request. SANUS expects that products will be advertised in print, on television or radio, or on the Internet by its dealers, distributors or retailers at no less than MSRP. SANUS' intention and policy is not to engage any dealer, distributor or retailer that advertises products at prices below MSRP. It is the decision of the dealer, distributor or retailer to advertise at any price they choose, as long as it is not less than MSRP.


3. Limitation of Policy: Without limiting any of the foregoing, no part of this policy is intended to affect resale prices or require any dealer, distributor or retailer to resell products at the MSRP price. Compliance with this policy remains at all times solely in the discretion of each dealer, distributor or retailer.


4. Changes in MSRP and Products: All products are subject to this policy, including any new product added by SANUS to its lineup and bearing the SANUS name. SANUS may at any time, in its sole discretion, revise the MSRP for any product manufactured by it. Each addition and each revision shall be effective at such time specified by SANUS in its pricing schedule, which will be provided to each dealer or distributor. SANUS' last price lists are available to all dealers, distributors and retailers at SANUS' offices. All changes of such prices, as and when made, will also be so available.


5. Discounts, Premiums, etc.: Should any dealer, distributor or retailer advertise the giving of any article of value in connection with the sale of any products, or the making of any concession in connection with the sale of any of such products, which results in a sale by dealer, distributor or retailer at net prices, this shall represent a violation of this policy.


6. Price Reductions, Inventory Reduction & Clearance: SANUS may exempt certain designated designs, models and items from this policy for the purpose of inventory reduction and model closeouts.


7. SANUS will make all decisions concerning this policy unilaterally.


Dealers, distributors and others with questions regarding this policy should contact SANUS at 651.484.7988.


Updated Dec. 2005


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