Use in this context means personal consumption of the content. These terms and conditions do not allow non-consumptive use cases, such as data mining, harvesting, or bulk machine processing. Individuals must obtain permission for these use cases in writing from Coherent Digital.
2. Disclaimer of Warranty
2.1. Coherent makes no representations with respect to the information, services, products, or messages on the website and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application, or purpose.
2.2. Coherent makes no warranties regarding the operation of the website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability, or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements, or other codes that manifest contaminating or destructive properties, and such warranties are expressly disclaimed.
2.3. Coherent makes no representation, warranty, or endorsement, express or implied, as to the content, services, products, or messages on any other websites that may be accessed through hyperlinks on the Platform. These links are not a warranty or endorsement of any organization, or individual, or their comments, content, and services.
3. Copyright and Trademark
3.1. Unless otherwise indicated, all information contained on the Platform, such as text, graphics, logos, button icons, images, audio, applications, 3D objects and video clips, is copyrighted by and proprietary to Coherent and associated parties and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent Use, or otherwise Used in whole or in part in any manner ("Use") unless permission is granted by Coherent in writing. Where a ‘download button’ is provided, User may display, download and digitally download for personal, non-commercial use. Items not offered for download are not included in this exception.
3.2. If User is granted written permission by Coherent to Use any of the content on the Website, User shall clearly attribute the creation and ownership to Coherent. Specifically, User shall at least provide one (1) conspicuous notice of Coherent Digital LLC copyright ownership.
3.3. The name and marks “Coherent Digital LLC,” “Taming Wild Content,” and their attendant logos, domain names, and taglines, are trademarks of Coherent and may not be used or reproduced without Coherent’s express written consent.
4. Limitation of Liability
4.1. The Platform is delivered using systems and devices beyond Coherent’s control. Accordingly, Coherent assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with Use of the Website.
4.2. The Platform is provided on an "as is" basis. Coherent, its officers, directors, agents, employees, volunteers, licensors, licensees, and suppliers (“Coherent and its Partners”), to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Without limiting the foregoing, Coherent and its Partners make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content, and where applicable, software, text, graphics, links, or communications provided on or through the Platform, and do not warrant that they satisfies non-EEC government regulations requiring disclosure of information on the approval or compliance of any software tools with regard to the contents of the Platform.
4.3. In no event shall Coherent and its Partners be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, damages to reputation, lost profits, or damages resulting from lost data, business interruption, or negative media attention) resulting from the Use of or inability to Use the Platform or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Coherent and its Partners are advised of the possibility of such damages. Coherent and its Partners are not liable for any personal injury, including death, caused by User's Use or “Misuse” (incorrect, illegal, or unauthorized Use) of the Platform.
4.4. User agrees to hold harmless Coherent and its Partners from all claims arising out of or related to Use, or inability to Use, the Platform or the content and services on the Platform or linked websites including content that’s obscene, offensive, defamatory, or infringes upon your intellectual property rights. In no event will Coherent and its Partners or the contributors of information to the Platform be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special, or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST COHERENT AND ITS PARTNERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE PLATFORM.
7. Governing Law
User and Coherent agree that the statutes and laws of the Commonwealth of Virginia apply to all matters arising from or relating to Use of the Platform.