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TERMS OF USE
Terms of Use
Your use of this website means you agree to the following terms of
use (the "Terms of Use"). If you do not agree with these terms you
should leave this website (the "Site") immediately, not use the
files herein, and/or not subscribe to this service.
This Site is owned and operated by David Hardy. (hereafter,
"DAVID HARDY")
Any Content downloaded by you from this Site, including, without
limitation, any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Content") is licensed to you by DAVID HARDY. Downloading the Content
does not transfer title to the Content, or any intellectual
property rights therein, to you. You may not redistribute or sell
the content.
This Site contains copyrighted animations, photographs, images,
videos, text, music, and sounds (collectively the "Content"). It
is illegal to duplicate, download or distribute any Content from
this Site except for your use, and you are subject to the Usage
Guidelines. You may not use photos or images of people or
identifiable entities in any manner that suggests the endorsement
or association of any product or service or in connection with any
pornographic or immoral materials.
If you believe that content appearing on the Site constitutes
copyright infringement of another party's rights, please follow
the instructions on our Copyrights and Copyright Web page.
The design or layout of DavidHardy.net or of any other website owned,
operated, licensed, or controlled by or associated with DAVID
HARDY, is
protected by United States and International law and other
intellectual property proprietary rights and may not be copied or
imitated in whole or in part.
Individual Web sites within DAVID HARDY have legal and license terms
which supplement these terms.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END
USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE, DAVID HARDY MAKES
NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE
RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF
ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY
CONSTITUTES THE ONLY WARRANTY MADE BY DAVID HARDY. WITH RESPECT TO THE
SITE, CONTENT, AND SOFTWARE.
DAVID HARDY DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN
THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS,
DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT DAVID HARDY WILL
CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF
SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR
OTHER EQUIPMENT.
IN NO EVENT WILL DAVID HARDY OR ANY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE, EVEN IF DAVID HARDY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF DAVID HARDY OR ANY OF ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS,
OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING
PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY
Products, services, and programs in this publication may not be
available in your country. References to any product, service, or
program do not imply that DAVID HARDY intends to make available such
products, services, or programs in your country.
UNITED STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United States export
controls. No software from this site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
LINKS TO THIRD PARTY SITES.
DAVID HARDY PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU.
DAVID HARDY DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY
SITES. DAVID HARDY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED
SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY DAVID
HARDY OF
SUCH SITES.
OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in
accordance with the laws of Arizona, U.S.A. These Terms of Use
contain the entire understanding of the parties hereto relating to
the use of this Site and supersedes any prior written or oral
agreement or understandings between the parties with respect to
this Site, and cannot be changed or terminated orally. The
invalidity or unenforceability of any provision of these Terms of
Use will not affect the validity or enforceability of any other
provision of these Terms of Use. DAVID HARDY reserves the right to
terminate these Terms of Use without notice if, in DAVID HARDY sole
discretion, you fail to comply with any of these Terms of Use.
Upon termination, you must destroy all materials obtained from
this site, copies, and related documentation thereof. In addition,
DAVID HARDY reserves the right to terminate this site without notice.
©2004 DAVID HARDY, and its licensors. All rights reserved.
DavidHardy.net is a registered trademark of DAVID HARDY. All product names
are either trademarks or registered trademarks of DAVID HARDY, or its
affiliates or licensors. All rights reserved. Microsoft, Windows,
and the Windows logo are registered trademarks of the Microsoft
Corporation. Macintosh, Apple, and the Macintosh logo are
registered trademarks of Apple Computer, Inc.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Licensing
The DavidHardy.net End User License Agreement (EULA)
This Agreement is between David Hardy, doing business as
DAVID HARDY and/or DavidHardy.net (DavidHardy.net , We or Us) and the subscriber
who establishes a username and password for the right to access,
acquire, and use Content from this website (You or Your). You may
not allow anyone else to use your username and/or password. For
the purpose of this Agreement, "Content" is defined as any image
or photo represented on the DavidHardy.net website. You have agreed to
be bound by the Terms and Conditions of this Agreement and by
downloading any of the Content from DavidHardy.net, You acknowledge
that You have read, understood, and accepted the Terms and
Conditions of this Agreement.
DavidHardy.net represents that it owns all rights or has all requisite
authority, including all copyrights, in and to the Content, or, is
authorized to allow You to access, acquire, and use Content under
the Terms and Conditions of this Agreement. The copyright and all
other rights of the Image(s) shall remain with DavidHardy.net or
DavidHardy.net suppliers.
Terms and Conditions of Use
You agree to access, acquire, and use the Content under the
following Terms and Conditions:
These Terms and Conditions constitute a legal Agreement between
You and DavidHardy.net and DAVID HARDY
DavidHardy.net grants You a nonexclusive, nontransferable license to
use, reproduce, modify, publish, display, and distribute the
Content according to the Terms and Conditions of this Agreement.
You may, subject to the Terms and Conditions of this Agreement,
access and acquire the Content via DavidHardy.net, and use the acquired
Content for the following purposes, provided you do not violate
the rights of any third party:
in magazines, newspapers, book covers, and interiors of books as a
design element.
as a design element on a website, video game, or CD-ROM but NOT in
connection with any Web site template or software product for
distribution or use by others. Use in a Web site template requires
a separate license and fee, and you may obtain information about
such a license from templatelicense@DavidHardy.net.
as part of marketing, advertising, or promotional materials,
including print ads, mailers, handouts, and packaging.
in connection with your business or entity, eg corporate identity
documents, and letterhead.
as decor in an office, lobby, or public area, restaurant, or
retail store.
in a PowerPoint presentation provided that a reasonably prominent
statement is included on the same page as the Content as follows:
"Certain images and/or photos on this page are the copyrighted
property of DAVID HARDY and are being used with permission under
license. These images and/or photos may not be copied or
downloaded without permission from DAVID HARDY"
as design elements in video, film, or television broadcasts.
You may NOT
distribute the Content, electronically or in hard copy, except as
specifically authorized under paragraph 3 above;
authorize any third party to use the Content for any purpose or
resell, sublicense, or otherwise make available the Content for
use or distribution separately or detached from a product or Web
page;
share Content across a network, on a CD, or in any other way;
under any circumstances, use automated or programmatic means or
methods to download Content;
use Content in any logo or part of any trademark;
use Content in any downloadable format intended for multiple
distribution including, without limitation, Web site templates,
software products, e-greetings, etc. You may contact
templatelicense@DavidHardy.net to find out about a special license for
such use;
under any circumstances, use Content in connection with any
pornographic, obscene, immoral, or illegal materials.
You understand that Content is copyrighted and may be owned by a
third party, and any unauthorized use by you may be an
infringement of such copyright. You also understand that the USA
prohibits export of materials to certain countries and you will
abide by such restrictions.
You understand and agree that DavidHardy.net may, in its sole
discretion, (a) monitor anything you download from the
DavidHardy.net
website, as frequently as DavidHardy.net in its sole discretion
determines, for any violation of this Agreement, (b) flag all
users who download more than 50 photos per day, as such activity
indicates potential EULA violations or abuse of a username and
password, (c) limit downloads to a fixed amount of total downloads
per 24 hour period, per user, as to insure the best possible
service to all DavidHardy.net subscribers, (d) track any abuse of your
username and password in connection with the DavidHardy.net website or
in connection with this Agreement, (e) terminate your account
immediately if we detect you are using, or are trying to use any
automated means to download content, and (f) terminate your
account, without notice, if it finds what DavidHardy.net believes to be
any violation of this Agreement and/or any abuse of your username
and password. If your account is terminated for any violation of
this Agreement and/or any abuse of a username or password, you
lose all rights to DavidHardy.net Content, must immediately delete all
Content acquired from DavidHardy.net, and forfeit all fees paid.
DavidHardy.net and the Content are made available to you "AS IS," "AS
AVAILABLE," and "WITH ALL FAULTS."
DavidHardy.net, its employees,
directors, and officers, and anyone else associated with
DavidHardy.net
disclaims, to the fullest extent permitted by law, any and all
warranties, express or implied, including without limitation
warranties of merchantability, fitness for a particular purpose,
noninfringement, or that your usage of DavidHardy.net will be
uninterrupted, error free of computer viruses or other damaging
materials. When you access and acquire Content, you do so at your
risk. DavidHardy.net, its employees and officers, and anyone else
acting on behalf of DavidHardy.net also disclaims any and all
common-law duties, including without limitation duties of
reasonable care and workmanlike effort. DavidHardy.net, its employees,
directors, and officers, and anyone acting on behalf of
DavidHardy.net
make no representation or warranty as to your right to use any
individual's name, likeness, and/or image appearing in the Content
without first obtaining appropriate rights from such individual.
You understand and acknowledge that neither DavidHardy.net, its
employees, directors, and officers, nor anyone acting on behalf of
the DavidHardy.net website has made any representation or warranty that
Your use of Content will not infringe or violate the trademark
rights of any third party, or constitute a false designation of
origin or any other form of unfair competition, and (b) You
understand that You should seek competent counsel before using
Content on or in connection with any goods or services or for any
other commercial purposes.
In no event will DavidHardy.net, its employees, directors, and
officers, or anyone else associated with DavidHardy.net be liable for
any indirect, special, incidental, economic, or consequential
damages including but not limited to loss of revenue or profits,
arising out of the use, or inability to use, the Content, even if
DavidHardy.net has been advised of the possibility of such damages. In
no event will the liability of DavidHardy.net, its employees, or
related parties exceed the amount paid by you for accessing or
using DavidHardy.net and for accessing, acquiring, and/or using Content
from DavidHardy.net. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to you.
You represent and warrant that:
You are at least 18 years of age and have the right to enter into
this Agreement;
You do not reside in any country to which export of USA products
are prohibited or restricted;
You will not use the Content in any way that is not permitted by
this Agreement;
Your use of the Content will not violate any applicable law or
regulation of any country, state, or other governmental entity;
The information you provide the DavidHardy.net Sites is accurate and
true, including without limitation all credit card information.
You agree to fully defend and indemnify DavidHardy.net, its employees,
directors, and officers, and anyone else associated with
DavidHardy.net,
and each of their successors, licensees, and assigns free and
harmless from any and all claims, liabilities, costs, losses,
damages, or expenses, including attorneys' fees and expenses,
arising in connection with Your use of the Content and this Site
or of any breach or alleged breach of any representation,
warranty, or other promise made by You in this Agreement.
This Agreement constitutes the entire agreement between You and
DavidHardy.net regarding its subject matter. Should any provision of
this Agreement be held to be void or invalid, that fact will not
affect any other provision, and the remainder of this Agreement
will be construed to most closely give effect to the parties'
intentions. Failure by DavidHardy.net to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of
that or any other provision. Arizona law governs this Agreement.
The parties consent to jurisdiction over them in any state or
federal court in Arizona, waive any claim or defense that such
forum is not convenient, and consent to service of process by any
means authorized by Arizona law.
You have agreed, and reaffirm your agreement to conduct this
transaction electronically.
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