Your Use of the Content
You may use " Caricatures by DimpleArt" Content for your
personal, noncommercial home use only. This means that you may view,
browse through, and listen to the Content on your computer. Except
for music and video, you may also download or copy one copy of the
Content on a single computer for your personal, noncommercial home
use, provided you retain all credits and copyright notices associated
with the Content.
With respect to the DimpleArt
"e-card" functionality attached to images in the
DimpleArt image database, the provisions of this paragraph apply.
You may use DimpleArt e-cards for personal, noncommercial use. You
agree to comply with all applicable laws and regulations when using
DimpleArt e-cards. You may not use DimpleArt e-cards to send any
cards for chain letters, commercial solicitation, any form of "spam,"
or other mass mailings. You are solely responsible for the content
of any messages included on cards you send using DimpleArt e-cards.
You may not use DimpleArt e-cards to send messages that are illegal,
obscene, threatening, abusive, invasive of privacy or publicity
rights, profane, defamatory, or that infringe upon or violate the
rights of any third party. You agree to defend, indemnify, and hold
DimpleArt and its affiliates, directors, officers, employees, and
agents harmless against any and all claims asserted against DimpleArt
and its affiliates, directors, officers, employees, and agents as
a result of your use of Dimple Art e-cards, including without limitation
any claims relating to the content of any messages that you send
using DimpleArt e-cards.
Excepting these limited uses,
you may not reproduce, distribute, transmit, print Content or transfer
Content on any tangible medium, or otherwise exploit the Content
in any way. In particular, you may not include the Content in any
other publication or product, or on any other Web site, including
personal Web sites, or on any computer network. Pornographic, defamatory,
or otherwise unlawful use of the Content is prohibited. In addition,
you must abide by all other terms, conditions, and restrictions
contained in any other agreement associated with the Content throughout
"DimpleArt" and the DimpleArt logo are registered trademarks
of " Caricatures by DimpleArt". You may not use our trademarks
without our written permission.
THE " Caricatures by DimpleArt" SITE AND ITS CONTENT ARE
PROVIDED TO YOU ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW.
Although we use our reasonable
best efforts to ensure the accuracy of the Content on our site,
we make no representations or warranties as to the accuracy, correctness,
or reliability of the Content. Further, we make no representations
or warranties that the functional aspects of our site will be uninterrupted
or error-free, or that our site or the server that makes it available
are free of viruses or other harmful components. (Because some jurisdictions
do not allow for the exclusion of implied warranties, some of these
exclusions may not apply to you.) You acknowledge that your use
of our site is at your own risk.
As a convenience, our site
links to other sites that may be of interest to you but are not
under our control. These links do not imply an endorsement by Dimple
Art, and we are not responsible for the availability of or the content
contained in any linked site.
Limitation of Liability
Neither Dimple Art nor our Content providers, directors, officers,
employees, partners, licensors, or agents will be responsible or
liable to you for any direct, incidental, consequential, indirect,
or punitive damages that result from your access to or use of the
Content on our site.
You are bound by this agreement when you access our site and until
you have destroyed all Content that you have downloaded or copied
from our site; you are, in addition, bound by this agreement whether
you downloaded or copied the Content under the terms of this agreement
or otherwise. This agreement is governed by the laws of the State
of Washington, USA, without giving effect to any principles of conflicts
of law. Venue for any action respecting this Agreement, or use of
Content shall be in the state and federal courts sitting in King
County, Washington, and you hereby consent to the jurisdiction of
such courts. We reserve the right to make changes to our site and
to this agreement at any time without notice.
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