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THE DIGITAL ARK CORPORATION WEBSITE TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE DIGITAL ARK CORPORATION. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with The Digital Ark Corporation (“TDA”), its affiliates, or subsidiaries. By using this Site, you represent and warrant that you are over the age of 13 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf and that such entity agrees to indemnify and hold harmless TDA for violations of these Site Terms. Please direct all inquiries or feedback regarding this Site or its use by email to info@thedigitalark.com; by mail to The Digital Ark Corporation, P.O. Box 1121, Newport, Rhode Island 02840; or by phone to 401.228.6480. GENERAL INFORMATION TDA Site is normally available 24 hours per day, 7 days per week. TDA retains the right, however, to make its Site unavailable from time to time for routine maintenance, updates, or for any other reason. You agree that TDA shall not be liable for any damages arising from any interruption, suspension, or termination of its Site. In no event, will TDA or its officers, directors, employees, or agents be liable to any party for any direct, indirect, economic, special or consequential damages, or loss of profits, arising out of or in connection with the use of the Site. TDA reserves the right to disable your access to its Sites immediately without notice, if TDA, in its sole discretion, determines that your use of its Sites does not comply with these policies, violates any local, state, national or international law or regulation, interferes with others' use of the Site, or adversely affects the operation of the Site. TDA reserves the right to update, amend, correct, or modify this User Agreement at any time and in any manner, without prior notice. Any update, amendment, correction, or modification will be effective upon posting on the Site. OWNERSHIP OF THE SITE AND ITS CONTENTS This Site is owned by TDA, its affiliates and subsidiaries. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("TDA Content") is owned by TDA, its licensors, or its third-party image partners. All elements of the Site, including TDA Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property. USE OF THE SITE This Site and TDA Content are intended for customers of TDA. You may not use this Site or TDA Content for any purpose not related to your business with TDA. No part of the Site, its design, or any of the content may be used for personal or financial gain, without the express permission of TDA. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or TDA Content without, or in violation of, a written license, purchase order or agreement with TDA; (b) using any data mining, robots, or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or TDA Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TDA product or service if you are not expressly authorized by such party to do so; and (e) using the Site or TDA Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You are responsible for any use of your account. It is your responsibility to guard your password and monitor the use of your account information. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail privacy and the transmission of technical data exported from the United States or the country in which you reside. SECURITY AND PRIVACY There are two types of users on TDA Site: Guest Users and Registered Users. Guest Users can search the Site, browse, and read content without creating an account. Registered Users, upon completing and submitting the account set up form and reading and agreeing to the Site Terms, are entitled to a free account which allows them the additional benefits of saving a Shopping Cart of images and purchasing copies of images as digital files or archival prints. These images are not for resale and are intended as a one time use only for personal and professional use, and for publication. When you become a Registered User, the Site collects your name, billing and shipping addresses, email address, phone number, any applicable institutional affiliation, user name and password. If you are a Registered User, a cookie may be placed on your machine for the following purposes: (a) to login the user; (b) to authenticate information in the Shopping Cart (to ensure no one else can access your saved information); (c) to remember previous searches; or (d) to pre-insert information in web forms. The cookie contains only non-personally identifiable information about the user's computer. The only information in the cookie itself is a numerical session identifier, which cannot be read by any website other than the Site. Occasionally, we may notify you of updates to the Site and/or news and events at TDA. If you do not wish to receive this type of information, you may "opt-out" by clicking on the appropriate checkbox during the account set up or by selecting edit account in the account information section. As a Registered User, if you would like to revise the information provided to us or believe that the information we currently have on record is incorrect, you may update the information by selecting edit account in the account information section. Except as described in our Site Terms, we do not sell or share any of the registration information Registered Users provide with any companies outside TDA, its affiliates and subsidiaries. TDA uses the latest encryption technology to help ensure that your information is kept safe while in transit. Authorize.net provides merchant services for The Site. VALIDITY If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This Agreement shall be governed by the laws in effect in the State of Rhode Island, regardless of conflicts-of-laws principles. TDA abides by the Graphics Artist Guild's Code of Fair Practice. The Digital Ark Corporation © 2008 The Digital Ark Corporation - All rights reserved. |
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