1. Acceptance of Terms and Conditions of Trade, Use and Amendments.
Each time you use
or cause access to this web site, you agree to be bound by these Terms,
and as amended from time to time with or without notice to you. In
addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms
of Use. Please see our Privacy Policy, which is incorporated into these
Terms of Use by reference.
2. Our Service.
Our web site and
services are provided to you on and through our web site on an "AS IS"
basis. You agree that the owners of this web site exclusively reserve
the right and may, at any time and without notice and any liability to
you, modify or discontinue this web site and its services or delete the
data you provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this
web site, you must register on our site, agree to provide truthful
information when requested, and be at least the age of eighteen (18) or
older. When registering, you explicitly agree to our Terms of Use and as
may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and
other personally identifiable information that we may collect is subject
to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to
maintain the confidentiality of your password and shall be responsible
for all uses via your registration and/or login, whether authorized or
unauthorized by you. You agree to immediately notify us of any
unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that all
information or data of any kind, whether text, software, code, music or
sound, photographs or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole responsibility of the
person providing the Content or the person whose user account is used.
You agree that our web site may expose you to Content that may be
objectionable or offensive. We shall not be responsible to you in any
way for the Content that appears on this web site nor for any error or
omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any
Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libellous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) impersonate or
misrepresent your association with any person or entity, or forge or
otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this
web site and any Content or service in any commercial manner or in any
manner that would involve junk mail, spam, chain letters, pyramid
schemes, or any other form of unauthorized advertising without our prior
written consent;
(e) provide any Content
that may give rise to our civil or criminal liability or which may
constitute or be considered a violation of any local, national or
international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to
grant to us a worldwide, royalty-free, perpetual, non-exclusive right
and license (including any moral rights or other necessary rights) to
use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with respect
to any form, media, technology known or later developed;
(b) you warrant and
represent that you have all legal, moral, and other rights that may be
necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and
agree that we shall have the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without
notice.
8. Third Party Services.
Goods and services of
third parties may be advertised and/or made available on or through this
web site. Representations made regarding products and services provided
by third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in any
manner for any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify
and hold us harmless, our subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or demand,
including reasonable attorney's fees, that may be made by any third
party, that is due to or arising out of your conduct or connection with
this web site or service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights of another person
or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT
PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR
OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF
SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions
may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied
warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF
(I) THE USE OF OR THE INABILITY TO USE THE SERVICE,
(II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our
rights, including but not limited to any and all copyrights, trademarks,
patents, trade secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and services that may
be provided. The use of our rights and property requires our prior
written consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you will have
no rights to make any commercial uses of our web site or service
without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that
your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property
rights please contact us.
14. Applicable Law.
You agree that this
Terms of Use and any dispute arising out of your use of this web site or
our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this
web site is located, without regard to its conflict of law provisions.
By registering or using this web site and service you consent and submit
to the exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
15. Digital Downloads
All purchased
downloads are available immediately after your payment is confirmed in
your account area. Downloads purchased on our website are purely for
home use and permission is explicitly NOT granted for replication for
commercial use in any form whatsoever.
NOTE: Most home printers do not give true edge to edge printing so
therefore you may notice a white border around your prints. This is
entirely normal and not a fault of our downloads. For best results, if
your printer supports it, we recommend using edge to edge printing for a
full sheet coverage.
16. Miscellaneous Information.
(i) In the event that
this Terms of Use conflicts with any law under which any provision may
be held invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of this
Terms of Use will remain valid and intact; (ii) The failure of either
party to assert any right under this Terms of Use shall not be
considered a waiver of any that party's right and that right will remain
in full force and effect; (iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of this web
site or its services must be filed within one (1) year after such claim
or cause arose or the claim shall be forever barred; (iv) We may assign
our rights and obligations under this Terms of Use and we shall be
relieved of any further obligation.