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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