Agreement To Terms
This site is owned and operated by SHOCKWAVE STUDIO®,LLC. The contents of this Web site are © SHOCKWAVE STUDIO®,LLC. & trademark. All rights reserved. SHOCKWAVE STUDIO® and all logos, characters, artwork, stories, information, names, and other elements associated thereto are the sole and exclusive property of SHOCKWAVE STUDIO®,LLC. Any use of any of the materials on this site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audio visual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from SHOCKWAVE STUDIO®,LLC, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SHOCKWAVE STUDIO®’s copyright and other proprietary rights.
This site includes links to other Internet sites solely as a convenience to users. SHOCKWAVE STUDIO®,LLC. does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, SHOCKWAVE STUDIO®,LLC makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
This Site may enable visitors to post their reviews, remarks, comments and other content. You may post such content so long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, although we do not regularly review posted content. If you post any such content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us and our affiliates the right to use the name that you submit with any such content. You represent and warrant that you own or otherwise control all of the rights to any content that you post and that our use of your content will not infringe upon or violate the rights of any third party. We do not want to receive confidential or proprietary information from you through this Site or otherwise. Please note that any information or material you submit over this Site or in any other manner will not be deemed to be confidential. By sending us any information or material, you grant us and our affiliates an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information or material. Use Of Site Communications In connection with your use of any of the chat areas, bulletin boards, e-mail or other public communication elements of this site, you may not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of this site must only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
Disclaimer Of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOCKWAVE STUDIO®,LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOCKWAVE STUDIO®,LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOCKWAVE STUDIO®,LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SHOCKWAVE STUDIO®,LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHOCKWAVE STUDIO®,LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF SHOCKWAVE STUDIO®,LLC OR A SHOCKWAVE STUDIO®,LLC AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOCKWAVE STUDIO®,LLC’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE).
You agree that SHOCKWAVE STUDIO®,LLC, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the web site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in SHOCKWAVE STUDIO®,LLC’s sole discretion. SHOCKWAVE STUDIO®,LLC may also in its sole discretion and at any time discontinue providing this site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof may be effected without prior notice, and you agree that SHOCKWAVE STUDIO®,LLC shall not be liable to you or any third-party for any such termination.
The failure of SHOCKWAVE STUDIO®,LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web site shall be filed only in the state or federal courts in and for King County, Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.