The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of this site owner and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of this site or such third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the site's owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
This site owns and retains all proprietary rights in the site and the services. The site contains the copyrighted material, trademarks, and other proprietary information of the site and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including, but not limited to, FAQs area, product names and product descriptions, e-mails and e-mail responses, instructions, logos, trademarks, copyrights, pictures and all downloadable products (.pdf files and mp3 files).
You should assume that everything you see or read on the Site is copyrighted or trademarked and unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of the owner of the site. The owner of the site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with this site. The owner of the site will protect its Intellectual Property to the fullest extent of the law and will aggressively prosecute all infringers of its Trademarks and Copyrights.
Violation of the Trademark law, Trademark infringement, may result in the recovery of
(1) the Violator's profits
(2) any damages sustained by the owner of the site and
(3) the costs of the action. The court shall may asses such profits and damages or cause the same to be assessed under its direction.
In a case involving the use of a counterfeit, in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits an award of statutory damages for any such use in connection with the sale, offering for sale, or distribution of goods or services in the amount of:
(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.
If someone copies anything on the site, the owner of the site will prosecute them to the fullest extent of the law under the Copyright Law. Violation of the Copyright law, Copyright infringement, an infringer of copyright is liable for either:
(1) the copyright owner's actual damages and any additional profits of the infringer, or
(2) statutory damages.
Actual Damages and Profits:
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
The copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.