B) Prism 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 Prism are copyrighted as a collective work under the
United States copyright laws. Prism owns a copyright in
the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to
it. User 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.
User may download copyrighted material for User? 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 Prism
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. User
acknowledges that it does not acquire any ownership rights
by downloading copyrighted material.
C) User shall not upload, post or otherwise make available
on Prism 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 User. User 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 Prism, User automatically grants, or warrants
that the owner of such material has expressly granted
Prism 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. User also permits any other User
to access, view, store or reproduce the material for that
User? personal use. User hereby grants Prism the right
to edit, copy, publish and distribute any material made
available on Prism by User.
(D) The foregoing provisions of Section 5 are for the
benefit of Prism, its subsidiaries, affiliates and its
third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly
or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF PRISM IS AT USER?
SOLE RISK. NEITHER PRISM, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT PRISM WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF PRISM, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH PRISM.
(B) PRISM IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
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