Terms of Use


TERMS OF USE

Last Modified: May 6, 2021

The Standard Digital Imaging website (the "Site") is comprised of various webpages operated by Nebraska Blueprint Company, Inc. d/b/a Standard Digital Imaging. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms of Use"). Please read the Terms of Use carefully before you use the Site as your use of the Site constitutes your agreement to the Terms of Use and to the , which is incorporated herein by reference. If you do not want to agree to the Terms of Use or the Privacy Statement, you must not access or use the Site.

MODIFICATION OF THESE TERMS OF USE

Standard Digital Imaging reserves the right to change the Terms of Use under which the Site is offered, including but not limited to the charges associated with the use of the Site. All changes are effective immediately after we post them, and apply to all access to and use of the Site thereafter. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

LINKS TO THIRD PARTY SITES

The Site may contain links to other third party websites ("Linked Sites"). The Linked Sites are not under the control of Standard Digital Imaging and Standard Digital Imaging is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Standard Digital Imaging is not responsible for webcasting or any other form of transmission received from any Linked Site. Standard Digital Imaging is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Standard Digital Imaging of the Linked Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Standard Digital Imaging that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or that in any way violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the US or other countries). You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. You may not make available the information on this site to any third parties not expressly authorized nor offer the information for sale or rent in any manner that is competitive with Standard Digital Imaging.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Standard Digital Imaging, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Standard Digital Imaging is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

The Standard Digital Imaging name, and all related names, logos, product and service names, designs and slogans are trademarks of Standard Digital Imaging or its affiliates or licensors. You must not use such marks without the prior written permission of Standard Digital Imaging. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

MATERIALS PROVIDED TO OR POSTED ON THE SITE

Standard Digital Imaging does not claim ownership of the materials you provide to Standard Digital Imaging (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Standard Digital Imaging, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Standard Digital Imaging is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Standard Digital Imaging's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Standard Digital Imaging AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Standard Digital Imaging AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Standard Digital Imaging AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, 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 Standard Digital Imaging AND/OR ITS SUPPLIERS 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Standard Digital Imaging OR ANY OF ITS SUPPLIERS 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Standard Digital Imaging, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms of Use or your use of the Site.

SERVICE CONTACT: webgroup@standarddigital.com

TERMINATION/ACCESS RESTRICTION

Standard Digital Imaging reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, for any and no reason, including without limitation, any violation of the Terms of Use and/or Privacy Statement.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nebraska and you hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, Nebraska in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Standard Digital Imaging as a result of this agreement or use of the Site. Standard Digital Imaging's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Standard Digital Imaging's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Standard Digital Imaging with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Standard Digital Imaging with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Standard Digital Imaging with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others, and require that the people who use the Site, or the services or features made available on or through the Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to your Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • 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;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

FOR COPYRIGHT NOTICES ONLY

Copyright Agent:
Grayson J. Derrick
Baird Holm LLP
1700 Farnam Street, Suite 1500
Omaha, NE 68102-2068
Phone: 402-636-8229

 

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