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The Triz Journal | April 30, 2017

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Terms of Use

Agreement Between User And The TRIZ Journal.  The TRIZ Journal Website is offered to you conditioned on your acceptance without modification of these terms and conditions.  Your use of the TRIZ Journal Website constitutes your agreement to all these terms and conditions.  Please read these terms and conditions before using, or submitting content in any form or medium for publication on, The TRIZ Journal.

 Modification Of Terms Of Use.  The TRIZ Journal reserves the right to change the terms, conditions, and notices under which The TRIZ Journal Website is offered in our sole discretion, including but not limited to the changes associated with the use of The TRIZ Journal Website.  Your continued use of The TRIZ Journal Website following the posting of revised Terms of Use means that you accept and agree to the changes.  Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these terms, conditions and notices.

Materials Provided To The TRIZ Journal Or Posted To The TRIZ Journal Website.

 The TRIZ Journal Website (including all text, photographs, graphics, video and audio content contained on The TRIZ Journal Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The TRIZ Journal (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein.  All individual articles, blogs, videos, content and other elements comprising The TRIZ Journal Website are also copyrighted works, and The TRIZ Journal (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein.  You must abide by all additional copyright notices or restrictions contained on The TRIZ Journal Website.

 By posting, uploading, inputting, providing or submitting content on or to The TRIZ Journal Website (regardless of the form or medium with respect to such content), you are granting The TRIZ Journal and necessary sub-licensees the right to display or publish such content on The TRIZ Journal Website (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes, and to otherwise copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such content.

By posting, uploading, inputting, providing or submitting content on or to The TRIZ Journal Website, you warrant and represent that you own or otherwise control all of the rights to the content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content.  You shall be solely responsible for your own submissions and the consequences of posting or publishing them.  More specifically, with respect to each of your submissions, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual property rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these terms and conditions and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these terms and conditions.  Further, you agree that you will not: (a) submit material that is subject to third party intellectual property rights, unless you have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, offensive, or is otherwise inappropriate; or (d) post advertisements or solicitations of business.  The TRIZ Journal reserves the right to remove or not publish submissions without prior notice.

Third Party Content.  Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The TRIZ Journal.  Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.  You acknowledge that by providing you with the ability to view and distribute content through The TRIZ Journal Website, The TRIZ Journal is not undertaking any obligation or liability relating to the content.  The TRIZ Journal does not undertake or assume any duty to monitor our site for inappropriate or unlawful content.  The TRIZ Journal assumes no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, fraud, or misrepresentation.  Notwithstanding the foregoing, The TRIZ Journal reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

Termination/Access Restriction.  The TRIZ Journal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice.  You agree that The TRIZ Journal shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site.  In addition, The TRIZ Journal reserves the right to terminate your access to our site for any reason, and to take any other actions that The TRIZ Journal, in our sole discretion, believes to be in the interest of our company and of our users as a whole.

Restrictions On Use.  Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section and except that you may make one print copy that is limited to occasional articles of personal interest only.  Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area  network, or sell or offer it for sale.  In addition, these files may not be used to construct any kind of database.  Notwithstanding the foregoing, The TRIZ Journal respects the right of others to make “fair use” of the materials contained on The TRIZ Journal Website, and as a result, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.

Digital Millennium Copyright Act (DMCA) Notice.  The TRIZ Journal respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, The TRIZ Journal asks our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The TRIZ Journal the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Indemnification.  Except as prohibited by law, you will indemnify and hold harmless The TRIZ Journal from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these terms and conditions, including without limitation any claim arising from (i) your use of and access to The TRIZ Journal Website; (ii) your violation of any of these terms and conditions; (iii) any breach by you of your representations and warranties hereunder; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your content caused damage to a third party.  This defense and indemnification obligation will survive these terms and conditions and your use of The TRIZ Journal Website.

Disclaimer of Liability.

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE TRIZ JOURNAL WEBSITE, INCLUDING THE WEBSITE ITSELF, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  THE TRIZ JOURNAL MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE TRIZ JOURNAL WEBSITE AT ANY TIME.  ADVICE RECEIVED VIA THE TRIZ JOURNAL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, BUSINESS, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE TRIZ JOURNAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION CONTAINED ON THE TRIZ JOURNAL WEBSITE, INCLUDING THE WEBSITE ITSELF, FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND THE WEBSITE ITSELF ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  THE TRIZ JOURNAL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND THE WEBSITE ITSELF, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TRIZ JOURNAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TRIZ JOURNAL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE TRIZ JOURNAL WEBSITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE TRIZ JOURNAL WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TRIZ JOURNAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TRIZ JOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRIZ JOURNAL WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRIZ JOURNAL WEBSITE.

Damage Limitation.  The TRIZ Journal is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to The TRIZ Journal Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in The TRIZ Journal Website (including, without limitation, as a result of breach of any warranty or other term of these terms and conditions).  Any claim against The TRIZ Journal shall be limited to the amount you paid, if any, for use of The TRIZ Journal Website.

Links To Third Party Sites.  The TRIZ Journal is not responsible for the availability or content of other services that may be linked to The TRIZ Journal Website.  Because The TRIZ Journal has no control over such services, you acknowledge and agree that The TRIZ Journal is not responsible for the availability of such external services, and that The TRIZ Journal does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services.

Privacy and Personal Information.  For information about The TRIZ Journal data protection practices, please read The TRIZ Journal’s Privacy Policy.  This policy explains how The TRIZ Journal treats your personal information, and protects your privacy, when you use The TRIZ Journal Website.

Waiver.  If The TRIZ Journal does not exercise or enforce any legal right or remedy which is contained in these terms and conditions (or which The Triz Journal has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Triz Journal’s rights and that those rights or remedies will still be available to The Triz Journal.

Governing Law.  These terms and conditions shall be governed by the laws of the State of Colorado, applicable to agreements made and to be performed therein without regard to conflict of laws principles.

Entire Agreement.  The terms and conditions constitute the whole legal agreement between you and The TRIZ Journal and govern your use of The TRIZ Journal Website.

If you have any questions or concerns, please Contact Us.