Going up!

Terms of Use

Please read these Terms of Use carefully before accessing or using this website (the "Site").

ACCEPTANCE OF TERMS

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that POMPEI C3, Inc. ("POMPEI C3") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. POMPEI C3 may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of POMPEI C3.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

All content on this Site, including but not limited to Copyright or Trademark protected content, Images, Footage, Music, and related metadata (collectively the "POMPEI C3 Content"), as well as the selection and arrangement of the POMPEI C3 Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any POMPEI C3 Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and POMPEI C3, POMPEI C3 does not grant any express or implied permission to use the Site, the Site Services, or any POMPEI C3 Content.
You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any POMPEI C3 Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or POMPEI C3 Content.
Unless you enter into a license agreement with POMPEI C3 you may not download, distribute, display and/or copy any POMPEI C3 Content. You may not remove any watermarks or copyright notices contained in the POMPEI C3 Content.

POMPEI C3 TRADEMARKS AND COPYRIGHTS

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by POMPEI C3. Nothing contained herein grants or shall be construed to grant you any rights to use any POMPEI C3 Trademark, unless expressly conferred by these Terms of Use. You agree that you will not use POMPEI C3's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or POMPEI C3. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of POMPEI C3 Trademarks or the Trademark rights claimed by POMPEI C3. You agree that you will not use any POMPEI C3 Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without POMPEI C3's prior written consent any word or mark which is similar to or likely to be confused with POMPEI C3's Trademarks. The look and feel of the POMPEI C3 website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of POMPEI C3 and may not be copied, imitated or used, in whole or in part, without the prior written consent of POMPEI C3. All other trademarks, product names, and company names or logos used or appearing on the POMPEI C3 website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by POMPEI C3, unless expressly so stated. You may not use a POMPEI C3 trademark, logo, Image or other proprietary graphic of POMPEI C3 to link to the POMPEI C3 website without the prior written consent of POMPEI C3. You may not frame or hotlink to the POMPEI C3 website or any Image without the prior written consent of POMPEI C3.

SITE SERVICES

Various services are or may be made available to you, pursuant to your use of the Site and POMPEI C3 Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with POMPEI C3, and the law, you may access and use the Site Services. POMPEI C3 remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. POMPEI C3 may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in POMPEI C3’s sole discretion. POMPEI C3 provides the Site Services on an "as is" and "as available" basis. POMPEI C3 (or third parties acting on its behalf) may collect data related to your use of the Site Services. POMPEI C3 may make POMPEI C3 Content available through the Site Services. You may not use any POMPEI C3 Content for any purpose without first obtaining a license to use such POMPEI C3 Content. Any use of POMPEI C3 Content by you shall be governed by the applicable license agreement separately entered into between you and POMPEI C3. Displaying and/or distributing to the public any watermarked or unlicensed POMPEI C3 Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

RESTRICTION AND TERMINATION OF USE

POMPEI C3 may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or POMPEI C3 Content at any time in POMPEI C3's discretion, without prior notice or liability to you. Any conduct by you that, in POMPEI C3’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

LINKS TO THIRD PARTY SITES

In the event that POMPEI C3 provides links from its website to any third-party website or permits any third party to link from its website to the POMPEI C3 website, you should be aware that POMPEI C3 makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of POMPEI C3, and POMPEI C3 provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by POMPEI C3.

WARRANTIES AND DISCLAIMERS

Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by POMPEI C3 under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. POMPEI C3 expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, POMPEI C3 makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. POMPEI C3 makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that POMPEI C3 will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.

PERSONAL INFORMATION AND PRIVACY

POMPEI C3 will use and protect your data, such as your name and address, in accordance with the POMPEI C3 Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless POMPEI C3, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the POMPEI C3 Content, or your violation of any rights of another.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Arizona. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within the State of Arizona and nowhere else. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.