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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Fractallicious Digital Designs. The collective work includes works that are licensed to Fractallicious Digital Designs. These works are designated copyright 2003 - 2008, Fractallicious Digital Designs ALL RIGHTS RESERVED. Permission is granted to electronically copy and print written content of this site solely for your own non-commercial use, or to facilitate your ability
to place an order with Fractallicious Digital Designs or to purchase
Fractallicious Digital Designs products.
The images available for download from this site are copyright 2003 - 2008, Fractallicious Digital Designs ALL RIGHTS RESERVED. Their purchase and use is subject to terms and conditions spelled out in various licensing agreements. Depending upon the image purchased, and its planned use, you agree to the terms of either our Royalty-free License, our Rights Managed License, and/or one of our Extended Commercial Licenses.
You may use image thumbnails and/or previews for comping purposes only.
Under no circumstances may you display, print, or download image
thumbnails and previews for any other use whatsoever. Any other use, including
but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized in writing by Fractallicious Digital Designs. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Fractallicious Digital Designs used in the site are trademarks or registered trademarks of Fractallicious Digital Designs
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fractallicious Digital Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fractallicious Digital Designs does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fractallicious Digital Designs does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Fractallicious Digital Designs shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fractallicious Digital Designs has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Fractallicious Digital Designs product is mistakenly listed at an incorrect price, Fractallicious Digital Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fractallicious Digital Designs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fractallicious Digital Designs shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fractallicious Digital Designs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Fractallicious Digital Designs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fractallicious Digital Designs.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fractallicious Digital Designs products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fractallicious Digital Designs products) must be commenced within one (1) year after the claim or cause of action arises. Fractallicious Digital Designs's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fractallicious Digital Designs may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification
You agree to indemnify, defend, and hold harmless Fractallicious Digital Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fractallicious Digital Designs may link to sites operated by third parties. However, even if the third party is affiliated with Fractallicious Digital Designs, Fractallicious Digital Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fractallicious Digital Designs. These linked sites are only for your convenience and therefore you access them at your own risk.
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