Terms and Conditions of Use
Welcome to ("DAE")("SBGD")("Service"), an online service of Digital Art Expressions and www.digitalartexpressions.com, www.digitalartexpressions.us and www.dae.vegas("DAE") www.sportsballgraphicsdesigner.com/("SBGD").
Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS).
The (TOS) may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION
OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement,("DAE") ("SBGD") grants to you a terminable at will non- exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted. You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify ("DAE")("SBGD") and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which
arise out of or are related to the content that you post. Forums and
messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.("DAE") reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. ("DAE") also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, ("DAE") is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of ("DAE")("SBGD"). ("DAE")("SBGD")retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by("DAE"). or its licensors. You may not modify the Content or re- publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
("DAE"("SBGD")) and their respective logos are trademarks of ("DAE"("SBGD")). All other trademarks on the Service are the property of their respective holders.
DISCLAIMER OF PRODUCT LIABILITY("DAE")("SBGD") PURCHASES PRODUCTS AND SERVICES FROM WHOLESALE/RETAIL PROVIDERS ("DAE") MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY ANY INDEPENDENT RETAILER/WHOLESALE PROVIDER. ("DAE")("SBGD") DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE GOODS AND SERVICES MADE AVAILABLE BY ANY WHOLESALE/RETAIL PROVIDER.
("DAE")("SBGD") WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE ORCONSEQUENTIAL DAMAGES SUFFERED, INCLUDING, BUT NOT WITHOUT LIMITATION, DAMAGES CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, DISASTER OR UNDER ANY CAUSE OF ACTION. NO INFORMATION, PRODUCT OR SERVICE PROVIDED BY ANY WHOLESALE PROVIDER IS GUARANTEED BY ("DAE")("SBGD"), AND ("DAE")("SBGD") DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY DATA PROVIDED BY AN INDEPENDENT WHOLESALE/RETAIL PROVIDER.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, BANKRUPTCY, DISASTER, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ("DAE")("SBGD") IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF WHOLESALE/RETAIL PROVIDERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to hold ("DAE")("SBGD") harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to this Agreement, including the Terms of Service. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between ("DAE") representatives and you. ("DAE")("SBGD") may amend or modify this Agreement or impose new conditions at any time. This Agreement shall be construed and controlled by the laws of the State of Nevada. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Nevada. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Nevada.
All requests for licensing, reprints, linking and other usage of material on (DAE)("SBGD") should be addressed to email@example.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR
IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ("DAE")("SBGD") DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. ("DAE")("SBGD") IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND("DAE")("SBGD") DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THATANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.("DAE")("SBGD") DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
("DAE")("SBGD") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF ("DAE") HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL ("DAE")("SBGD") TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
("DAE")("SBGD") may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to ("DAE")("SBGD") via E-mail at firstname.lastname@example.org, by postal mail Digital Art Expressions, 4607 Baxter PL.Las Vegas, NV 89107 Phone:702-982-8622702-982-8622 Office.("DAE")("SBGD") reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by ("DAE")("SBGD") to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against ("DAE")("SBGD") (its employees, officers or directors resulting from your actions) you shall be liable to ("DAE")("SBGD") for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, as applied to contracts entered into and performed within Nevada. You agree to grant jurisdiction over yourself to the courts of Nevada and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
© Digital Art Expressions 2015-2016 3:46 AM 1/01/2016