WEBSITE TERMS AND CONDITIONS OF USE
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE FORBIDDEN TO USE THIS
WEBSITE.
Under Watercolours (hereafter referred to as the "Company")
may revise these Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the Terms and Conditions,
because they are binding on you.
Use of Material
The Company authorizes you to view and download a single
copy of the material on this Website solely for your personal, noncommercial
use. Special rules may apply to the use of certain software and other
items provided on the Website. Any such special rules are listed as "Legal
Notices" on this Website and are incorporated into this Agreement
by reference.
The contents of this Website, such as text, graphics,
images and other material, are protected by copyright under both United
States and foreign laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all copyright and
other proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in
any way for any public or commercial purpose. The use of the Material
on any other Website or in a networked computer environment for any purpose
is prohibited.
If you violate any of these Terms, your permission to
use the Material automatically terminates and you must immediately destroy
any copies you have made of the Material.
Company's Liability
The Material may contain inaccuracies or typographical
errors. Company makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be
obtained from using the Website and the Material. The use the Website
and the Material is at your own risk. Changes are periodically made to
the Website and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE Website WILL OPERATE
ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
AND OTHER HARMFUL GOODS. IF YOUR USE OF THE Website OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON
AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND
ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND
LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE Website AND THE MATERIAL, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Submissions
Generally, any communication which you post to the Website
is considered to be non-confidential. If particular Web pages permit the
submission of communications, which will be treated by Company as confidential,
that fact will be stated in "Legal Notices" on those pages.
By posting communications to the Website, you automatically grant Company
a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such rights
through multiple tiers of sublicensees.
As a User, you are responsible for your own communications
and are responsible for the consequences of their posting. You must not
do the following: Post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you own them or have
the permission of the owner; post material that infringes on any other
intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another User or any other
person or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of any of communications posted by other Users
or endorse any opinions expressed by Users. You acknowledge that any reliance
on material posted by other Users will be at your own risk.
Company does not screen communications in advance and
is not responsible for screening or monitoring material posted by Users.
If notified by a User of communications which allegedly do not conform
to this Agreement, Company may investigate the allegation and determine
in good faith and its sole discretion whether to remove or request the
removal of the communication. Company has no liability or responsibility
to Users for performance or nonperformance of such activities. Company
reserves the right to expel Users and prevent their further access to
the Website for violating this Agreement or the law and the right to remove
communications which are abusive, illegal, or disruptive.
Links to Other Sites
The Website contains links to third party Websites.
These links are provided solely as a convenience to you and not as an
endorsement by Company of the contents on such third-party Websites. Company
is not responsible for the content of linked third-party sites and does
not make any representations regarding the content or accuracy of materials
on such third party Websites. If you decide to access linked third-party
Websites, you do so at your own risk.
Linking to This Website
You may create links to this Site from other sites,
but only in compliance with all applicable laws. A site that links to
this Website:
May link to but not replicate Under Watercolours
content
May not link to individual graphics, photos, PDF documents, Flash files or
the like
Should not create a browser or border environment around Under Watercolours
content
Should not imply that Under Watercolours is endorsing it or its products
Should not misrepresent its relationship with Under Watercolours
Should not present false information about Under Watercolours products or
services
Should not use the Under Watercolours logo without permission
Should not contain content that could be construed as distasteful, offensive
or controversial, and should contain only content that is appropriate for
all age groups
Trademarks
Under Watercolours is a Registered Trademark.
Licenses
All software that is made available for downloading
from the Website ("Software") is protected by copyright and
may be protected by other rights. The use of such software is governed
by the terms of the software license agreement or designated "Legal
Notice" accompanying such software ("License Agreement").
The downloading and use of such software is conditioned on your agreement
to be bound by the terms of the License Agreement.
Limitation of Liability
Unless otherwise expressly provided in a Software License
or Legal Notice, the aggregate liability for Company to you for all claims
arising from the use of the Materials (including Software) is limited
to $100.
Indemnity
You agree to defend, indemnify and hold harmless the
Company, its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material (including Software) or your breach of the terms of this Agreement.
The Company shall provide notice to you promptly of any such claim, suit,
or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
Export Control
The United States controls the export of products and
information. You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a country where
such export is prohibited or are a person or entity to which such export
is prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. User Information
The Company may use the information it obtains relating
to you, including your IP address, name, mailing address, email address
and use of the Website, for its internal business and marketing purposes
and may disclosed the information to third parties for such purposes.
Section 11. General
The Company makes no claims the Materials are appropriate
or may be downloaded outside of the United States. Access to the Materials
(including Software may not be legal by certain persons or in certain
countries. If you access the Website from outside of the United States,
you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of California without respect to its conflict
of laws principles. If any provision of this Agreement is found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in
a particular "Legal Notice" or Software License or material
on particular Web pages, this Agreement constitutes the entire Agreement
between you and the Company with respect to the use of Website. Any changes
to this Agreement must be made in writing, signed by an authorized representative
of the Company.