Legal Notices

Terms of Use

Please review the following before using this Web site.

Profound Effects, Inc. and any of its employees, contractors, directors, or representatives ("PROFOUND") provides information, products, and services available on this Web site (the "Site"), subject to the following terms and conditions ("Terms of Use"). By accessing this site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. PROFOUND reserves the right to change these Terms of Use and/or the information, products, and services on this Site at any time, at its sole discretion, without notice. Be sure to periodically visit this part of the Site to review the current Terms of Use. PROFOUND might also operate or participate in other Web sites that might be subject to their own terms. Please review those Web sites for their applicable terms of use. PROFOUND reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. Any rights not expressly granted herein are reserved.

Unless otherwise noted, any software and documentation available for download from this Site (the "Software") is the copyrighted work of PROFOUND. Use of the Software is bound by its End User License Agreement (the "License Agreement"). An end user cannot install Software unless he or she first agrees to the terms of the License Agreement. Any reproduction or redistribution of the Software not allowed in the License Agreement is expressly prohibited by law, and can result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law.
You may view, download, copy, and print documents on this Site (the "Documents") subject to the following conditions: (a) the Documents are used solely for personal, informational, non-commercial purposes; and (b) the Documents are not modified or altered in any way.

No logo, graphic, sound, or image from any PROFOUND Web site may be copied or transferred unless expressly permitted in writing by PROFOUND.
PROFOUND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS OR A RELATED WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. PROFOUND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL PROFOUND BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS OR A RELATED WEB SITE.

THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS OR A RELATED WEB SITE MIGHT INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THIS OR A RELATED WEB SITE. PROFOUND MIGHT, BUT IS NOT OBLIGATED TO, IMPROVE AND/OR CHANGE THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
FOR REQUESTING DEMO AND/OR EVALUATION SOFTWARE

BY MAKING THIS REQUEST YOU (RE)INDICATE YOUR INTEREST IN ONE OR MORE PROFOUND EFFECTS PRODUCTS. FROM TIME-TO-TIME, PROFOUND EFFECTS MAY SEND YOU NEW AND/OR OTHER INFORMATION VIA E-MAIL. TO OPT-OUT OF SUCH EMAILS, FOLLOW THE INSTRUCTIONS CONTAINED WITHIN THE E-MAIL. REQUESTING ADDITIONAL DOWNLOADS AFTER OPTING-OUT REINDICATES YOUR RENEWED INTEREST IN OUR COMPANY.
FOR THE PROFOUND EXCHANGE AREA AND DATABASE ON THIS SITE, YOU AGREE THAT:
1. EACH SCRIPT, IMAGE, OR FILE ("MATERIAL") IN THE DATABASE REPRESENTS INTELLECTUAL PROPERTY OWNED BY THE INDICATED AUTHOR AND OR COPYRIGHT HOLDER. EXCEPT WHERE INDICATED, PROFOUND MAKES NO CLAIM OF OWNERSHIP OF, OR INTEREST IN, THE MATERIAL PROVIDED IN THIS AREA. EACH CONTRIBUTOR HAS AGREED THAT THEY ARE LAWFULLY AUTHORIZED TO PLACE THE MATERIAL ON THIS DATABASE. PROFOUND CANNOT VERIFY SUCH CLAIMS. PROFOUND CANNOT ACCEPT AND SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR RECOURSE FOR ANY CLAIMS ARISING FROM UNAUTHORIZED OR UNLAWFUL CONTRIBUTIONS OF MATERIALS TO THIS DATABASE.
2. THIS MATERIAL IS PROVIDED AS-IS WITH NO COMMITMENT OR OBLIGATION TO CORRECT ANY DEFECTS EVEN IF PROFOUND IS APPRISED OF SUCH DEFECTS.
3. PROFOUND CANNOT ISSUE AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF FITNESS OF THE MATERIAL CONTAINED HERE FOR ANY PARTICULAR PURPOSE. PROFOUND CANNOT ACCEPT AND SPECIFICALLY DISCLAIMS ALL LIABILITY RELATED TO THE USE, ABUSE, OR MISUSE OF ANY MATERIAL CONTAINED. PROFOUND CANNOT ACCEPT AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR HARM OR DAMAGES RESULTING FROM THE USE, ABUSE, OR MISUSE OF THE MATERIAL CONTAINED HERE EVEN IF PROFOUND IS APPRISED OF ANY POTENTIAL FOR HARM OR DAMAGES.
4. USE OF THIS DATABASE IS AT THE WILL OF PROFOUND. ACCESS TO THIS MATERIAL MAY BE RESCINDED OR REVOKED AT THE PLEASURE OF PROFOUND.
5. YOU ARE A LEGITIMATE OWNER OF THE USEFUL THINGS SOFTWARE PRODUCT. YOU ARE THE PERSON WHO REGISTERED THE ACCOUNT WHICH GAINED ACCESS TO THIS MATERIAL.
If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions for your employer.
By using this Site, you acknowledge that you are at least 13 years of age. If you are under the age of 18, you must use this Site under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 cannot use this Site or transmit or otherwise submit personal information to PROFOUND.
By using this Site, you agree:
- not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to disrupt any other user's experience of the Site, including any Documents, Software, security, hardware and software systems, and database accounts and passwords on this Site;
- not to create a false identity;
- not to access or attempt to access any part of the site for which you have no authorization to access, including using or attempting to use another user's account or password, unless authorized by PROFOUND;
PROFOUND reserves the right, in its sole discretion and without prior notice or liability, to delete or limit user-posted content on or access to this Site if it believes, in good faith, that you have violated the Terms of Use or any law or regulation.

PROFOUND may, but is not required to, monitor or review areas of this Site where users post content, including but not limited to the technical and customer support areas, chat rooms, bulletin boards, or other community forums.
This Site can be accessed from countries around the world and may contain references to PROFOUND products, services, and programs that are not available in your country. These references do not imply that PROFOUND intends to announce such products, services, or programs in your country. PROFOUND makes no representation that the Site or its Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or its Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
These Terms of Use shall be governed and constructed in accordance with the laws of the State of Wisconsin without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state court in Dane Country, Wisconsin, or appropriate federal court located in Madison, Wisconsin. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against PROFOUND and/or each of its affiliates, directors, officers, agents, employees, or licensees (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms of Use; (3) your use of this Site, including the information, content, services, and/or products provided therein; and/or (4) any content provided by you in a forum. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of this Agreement.
These Terms of Use contain the entire agreement between you and PROFOUND with respect to this Site and supersede all prior communications and proposals, whether electronic, oral, or written, between you and PROFOUND with respect to this Site. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of PROFOUND. These Terms of Use may only be modified, and a party may only waive its rights under these Terms of Use, by a written document executed by both parties. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision hereof.

Last updated: July 31, 2003

Privacy Policy

This document sets forth the PROFOUND Online Privacy Policy (the "Privacy Policy") for this Web site domain, www.profoundeffects.com (the "Site"), and its subdomains. By visiting this Site you agree to be bound by the terms and conditions of this Privacy Policy. If you have objections to the Privacy Policy, you should not access or use this Site.

PROFOUND may collect customer information in a number of ways, but the two most common are during product or service registration or enrollment or site personalization. In some instances, you may visit our sites and use some of our services without providing information to us. The information requested may vary depending on which product, service or site you are using or accessing. We typically ask for your basic contact information, such as your name, company name, email address, and postal address. We may also ask for unique identifiers, such as an user name and password for access to specific services or areas of this Site, and for financial information, such as account or credit card number to verify your user identity when you make purchases. If you contact us, we may keep a record of that correspondence or communication. Information on how you communicated with us may also be recorded.

Also, PROFOUND may collect general information about its Site's visitors and members, which does not necessarily identify the member, using our server log files and cookies (described below).

PROFOUND's goal in collecting personal information is to provide you, the user, with a personalized experience on our Web sites and/or with our products and services. We may also use your contact information to reach you regarding important issues about the use of our Web sites or services.

A cookie is a small amount of data that is sent to your browser from a Web server, and gets saved on your computer hard drive. These cookie files store and sometimes track information about what you do on PROFOUND sites. This information makes it possible for us to offer and provide highly customized services. All areas on PROFOUND sites where you are prompted to login or that are customizable require that you accept cookies.

You have control over the acceptance of cookies by changing your Web browser's preferences or settings. Note that if cookie support is not enabled in your Web browser, you might not be able to access certain restricted areas of the Site or have a personalized experience while using the Site.

PROFOUND may also collect IP Addresses for system administration.

You are responsible for maintaining the secrecy of your user names and passwords for areas of or services on this Site that use or require them. Please be careful and responsible whenever you are online.

Last updated: May 9, 2002

Copyright Complaints

PROFOUND will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide PROFOUND's Copyright Agent a Notice containing the following information:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
a description of where the material that you claim is infringing is located on the Site;
information sufficient to permit PROFOUND to contact you, such as your physical address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can reach PROFOUND's Copyright Agent by sending an e-mail message to perryk@profoundeffects.com or by mailing a correspondence to:

Profound Effects, Inc.
Attn: Legal Department
3900 Meridian Circle
Verona, WI 53593

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE.

Last updated: May 9, 2002

Copyright Notice

The metronome audio used in the sample movies for Useful Things is Copyright Chris Meyer, CyberMotion. Used with permission.

The information contained in this Web site is subject to change without notice.

Last updated: January 14, 2003

Trademarks

Profound Effects Trademarks

The following is a list of trademarks (indicated with ™) or registered trademarks (indicated with ®) of Profound Effects, Inc.

CameraPOV™
Elastic Gasket™
Gak Pak™
Micro-Gasket™
Micro-Plug™
Profound Effects®
Profound Effects logo
Profound Effects Move™
Profound Effects Swim™
Profound Effects Transfer™
Über Controller™
uPlug™
Useful Assistants™

Third-Party Trademarks

The following is a list of trademarks or registered trademarks that may appear on the Profound Effects Web pages.

"ACADEMY AWARD®" is a registered trademark and service mark of the Academy of Motion Picture Arts and Sciences.

Adobe, Acrobat, Acrobat Reader, After Effects, Illustrator, Photoshop, and Premiere are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

Apple, Carbon, Final Cut, Final Cut Pro, Mac, Mac OS, Macintosh, and QuickTime are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.

Autodesk, combustion, and Discreet are either registered trademarks or trademarks of Autodesk, Inc./Autodesk Canada Inc. in the USA and/or other countries. All other brand names, product names, or trademarks belong to their respective holders.

Avid, Adrenaline, Avid Xpress, AVX, Elastic Reality, Image Independence, LFX, Marquee, Media Composer, Nitris, No Strings Attached, and Symphony are either registered trademarks or trademarks of Avid Technology, Inc. in the United States and/or other countries.

DigiEffects, Aurorix, Berserk, CineMotion, CineLook, Delirium, and Fantazm are trademarks of DigiEffects, Inc.

Digital Film Tools and Composite Suite are trademarks of Digital Film Tools, LLC.

eyeon Digital Fusion, Digital Fusion, and Digital Fusion DFX+ are registered trademarks of eyeon Software Inc.

Macromedia and Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.

OpenType and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Pinnacle Systems and TARGA are trademarks of Pinnacle Systems, Inc., registered in the U.S. and other countries.

IRIX is a registered trademark of Silicon Graphics, Inc.

"OpenGL®" is a registered trademark of Silicon Graphics, Inc. in the United States and other countries. Profound Effects, Inc. is independent of Silicon Graphics, Inc.

Sony, XPRI, and the XPRI logo are trademarks of Sony Corporation.

Ulead, MediaStudio, and MediaStudio Pro are registered trademarks and VideoStudio is a trademark of Ulead Systems, Inc.

Unicode is a registered trademark of Unicode, Inc.

UNIX is a registered trademark of The Open Group.

All other trademarks contained herein are the property of their respective owners.

Last updated: March 31, 2005