Terms and Conditions for CarrsDigital.com Terms of Use Welcome to the Carr’s Digital Photographer™ web site. These terms and conditions apply to you if you use our site. Your use of our site indicates your agreement with these terms and conditions. Ownership of Our Site This site is owned and operated by Merritt “Stan” Carr, an individual, also known as CarrsDigital.com™ (referred to herein as "CarrsDigital™," "we," and "our"). All content included on our site, such as photographs, illustrations, images, text, audio clips, video clips, and software (referred to as "Content") is owned by CarrsDigital™ or our Content providers. All Content is protected by US and international copyright laws. For the protection of CarrsDigital™ and our Content providers, images may be watermarked and/or digitally watermarked, or may contain visible notices of copyright and/or our web site address. Your Use of the Content You may use CarrsDigital™ Content for your personal, noncommercial home use only. You may view, browse, search and listen to the Content on your computer. Except for music and video, you may also use the SHARE function to share images Content on a single computer for your personal, noncommercial home use, provided you retain all credits and copyright notices associated with the Content. Share Function With respect to the CarrsDigital™ "Share Function" functionality attached to images in the CarrsDigital image database, the provisions of this paragraph apply. You may use CarrsDigital Share Function for personal, noncommercial use. You agree to comply with all applicable laws and regulations when using CarrsDigital Share Function. You may not use CarrsDigital Share Function to send any chain letters, commercial solicitation, any form of "spam," or other mass mailings. You are solely responsible for the content of any messages included on Share Function you send using CarrsDigital Share Function. You may not use CarrsDigital Share Function to do any thing 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 CarrsDigital and its affiliates, directors, officers, employees, and agents harmless against any and all claims asserted against CarrsDigital and its affiliates, directors, officers, employees, and agents as a result of your use of CarrsDigital™ Share Function, including without limitation any claims relating to the content of any Share Function that you do using CarrsDigital™ Share Function. 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 than the Share Function allows, 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 our site. e-card With respect to the CarrsDigital™ "e-card" functionality attached to images in the CarrsDigital image database, the provisions of this paragraph apply. You may use CarrsDigital e-cards for personal, noncommercial use. You agree to comply with all applicable laws and regulations when using CarrsDigital e-cards. You may not use CarrsDigital 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 CarrsDigital e-cards. You may not use CarrsDigital 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 CarrsDigital and its affiliates, directors, officers, employees, and agents harmless against any and all claims asserted against CarrsDigital and its affiliates, directors, officers, employees, and agents as a result of your use of CarrsDigital™ e-cards, including without limitation any claims relating to the content of any messages that you send using CarrsDigital™ 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 our site. Trademark Ownership "Carrs Digital™", "CarrsDigital™", "carrsdigital™", "carrsdigital.com™", and the CarrsDigital™ logo are trademarks of Merritt “Stan” Carr, also known as CarrsDigital™. You may not use our trademarks without our written permission. Disclaimers THE CARRSDIGITAL™ 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 CarrsDigital™, and we are not responsible for the availability of or the content contained in any linked site. Limitation of Liability Neither CarrsDigital™ 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. Additional Terms 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 Texas, 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 Dallas County, Texas, 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. |