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PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE, A LEGAL AGREEMENT BETWEEN YOU ("USER") AND AVIDRE, INC. ("avidre").
This site, www.artvisions.com (the "Site") is owned and operated by avidre,
inc. ("avidre"). Please feel free to browse the Site; however, by accessing, browsing and/or using this Web site (the "Site"), User acknowledges that User has read, understood, and agrees to be bound by the following terms and conditions without limitation or qualification, and to comply with all applicable laws and regulations, including, but not limited to, the laws governing User's local community and state.
1. Web Copyright Information
The content and material displayed on this Internet site (including but not limited to the text, images, audio and/or video) and software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") are either the property of, or used with permission by, avidre, and are also protected by United States and international copyright and trademark laws. All pages within this Internet site ("Site") are the property of avidre and/or its affiliates. The compilation (meaning the collection, arrangement and assembly) of all the Material and content on this Site is also the exclusive property of avidre and protected by U.S. and international copyright laws. The use of any of the Material, in whole or in part, by you, or anyone else authorized by you, is prohibited unless specifically permitted by this User Agreement, or specific permission provided elsewhere on the Site. Any unauthorized use of the Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and may subject you to criminal penalties.
2. Restrictions on Use of Materials
Absent the prior express written consent of avidre, no Material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, reprinted, modified, adapted, exhibited, translated, distributed, transmitted, uploaded, posted, sold, publicly performed,
recompiled, reverse engineered, disassembled, or in any way exploited, in whole or in part. Modification of the Materials or use of the Materials for any other purpose is a violation of Owner's or such other sources' copyright, trademark and/or other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is strictly prohibited without Owner's express written consent. avidre neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with avidre. avidre uses an electronic watermarking service. Any Material you download may be watermarked and avidre will aggressively prosecute you if you are found using (as mentioned above) or publishing avidre's Materials without prior written permission.
3. Trademark Notice
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are pending, registered, or unregistered Trademarks of avidre and others. You may NOT use avidre's trademarks, whether design or word marks, in a non-avidre product name or publication title, in, as, or as part of your own trademarks, to identify products or services that are not avidre's. You may NOT use the Trademarks in any manner that is likely to cause confusion among customers, dilutes the Trademarks, or in any manner that disparages or discredits avidre. You are also advised that avidre will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of avidre or such third party that may own the Trademarks displayed on the Site.
4. Permitted Uses of avidre Trademarks (including ArtVisions tm)
avidre's trademarks identify avidre's products and services, and let the public know the source of those products and services. You may make fair use of avidre's trademarks in advertising and promotional materials, and in referring to avidre's products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution (see below). All other uses require the prior express written permission from avidre. Please make such requests by email. We will evaluate your request within a reasonable time; failure to respond does not constitute permission.
5. Proper Attribution of avidre's Trademarks
When you use avidre's trademarks in a permitted manner, please include the following brief statement attributing the trademarks to avidre: "ArtVisions is a trademark of avidre, Inc., a Washington Corporation in the United States and other countries."
6. Linking to the Site
All requests to link require the prior express written permission from avidre. Please make such requests by email. We will evaluate your request within a reasonable time; failure to respond does not constitute permission.
You are not permitted to download images from the site, except as explicitly stated on the page containing the image. In absence of an explicit statement, you are NOT permitted to download any images.
7. Updates to this User Agreement
avidre reserves the right to make changes to the terms and conditions contained in this User Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound. You understand that any use of the Site after such notice is posted will be deemed to constitute acceptance by you of such changes, modifications or additions.
8. Bookmarks
If you "Bookmark" to a page on this Site whereby this User Agreement is by-passed, such action will constitute implicit acceptance of the terms and conditions contained in the User Agreement.
9. Changed Products and Services
avidre may at any time, and for any reason, in its sole discretion, terminate, change, suspend, or discontinue any aspect of the Site, including but not limited to the content, features, or hours of availability. avidre may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
10. Reservation of Rights.
All rights not expressly granted by avidre hereunder are reserved to avidre.
11. RESERVED
12. Links to Third Party Sites
This Site contains links to other Internet sites ("Third Party Sites") for your convenience only. Your linking to Third Party Sites and other sites is at your own risk and without the permission of avidre. The services and or products provided by such Third Party Sites are independent of avidre and are for your convenience only. avidre does not endorse or recommend the services of any particular company or service, nor is avidre responsible for any services or goods provided by such companies. avidre shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site.
13. Adults Only
avidre's services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, avidre's services are not available to minors. If you do not qualify, please do not use our services. avidre may refuse to provide its services to anyone at any time, in and at avidre's sole discretion. By accessing this Site, User represents and warrants that User is at least 18 years of age older.
14. E-mail
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of avidre or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, avidre is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Through your usage of this Site, you may submit and/or avidre may gather certain limited information about you and your web site usage. avidre is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
15. Access From Outside United States
avidre makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements (if any), are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.
16. RESERVED
17. RESERVED
18. Warranty Disclaimer and Limited Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. AVIDRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, OR THE MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AVIDRE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFICALLY STATED IN WRITING.
THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AVIDRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
AVIDRE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, OR INJURY OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. AVIDRE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE OR THE SERVER IS FREE FROM VIRUSES OR OTHER HARMFUL MATERIAL COMPONENTS. AVIDRE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. USER (AND NOT AVIDRE) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, 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.
USER ACKNOWLEDGES AND AGREES THAT ALL RESPONSIBILITY OR LIABILITY FOR ANY AND ALL DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE IS DISCLAIMED. AVIDRE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
USER ALSO SPECIFICALLY ACKNOWLEDGES AND AGREES THAT AVIDRE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Irrespective of the above, in no event shall the total liability of avidre, its subsidiaries and affiliates to you for and all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this User Agreement and/or your use of the Site exceed, in the aggregate, One Hundred United States Dollars ($100). Please note that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
19. Indemnity
USER AGREES TO INDEMNIFY, DEFEND AND HOLD AVIDRE AND ITS AFFILIATES, LICENSORS, CONTENT AND SERVICE PROVIDERS, PARTICIPATING PUBLISHERS, AUTHORS, DEALERS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES AND EXPENSES BOTH PRE
JUDGMENT AND FOR POST JUDGMENT ENFORCEMENT TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW, RELATED TO A USER'S VIOLATION OF THIS USER AGREEMENT AND/OR USE OF THIS SITE.
20. Governing Law
This Site (excluding Third Party Sites) is controlled by avidre from its offices within the State of Washington, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Washington, by accessing this Site both you and avidre agree that the statutes and laws of the State of Washington, without regard to its conflicts of laws principles, will apply to all matters arising out of, or relating to, use of this Site and/or this User Agreement.
21. Jurisdiction
You agree that any action to enforce this User Agreement, or to resolve any dispute arising from or related to your visit to or use of this Site, or the information or content contained in this Site, will be submitted to final and binding arbitration before one arbitrator in King County, Washington in accordance with the procedural rules of the American Arbitration Association and Washington law. Judgment on any award of the sole arbitrator may be entered in any court of competent jurisdiction.
22. Miscellaneous
If for any reason a court of competent jurisdiction finds any provision of this User Agreement, or portion thereof, to be unlawful, void or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of this User Agreement, and the remainder of the User Agreement shall continue in full force and effect.
The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed by both parties. No waiver by either you or avidre of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. This User Agreement constitutes the entire agreement between the User and avidre with respect to the subject matter contained herein, and supercedes all previous written or oral agreements between the parties with respect to such subject matter.
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