1.1 This Agreement governs your use of this web site and its associated services (the “Web Site”), including interactive chat and forum discussion areas (the "Interactive Areas"), which are owned and operated by Dog Gone Art and publisher/editor (collectively known as “Dog Gone Art”).
1.2 Dog Gone Art reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Site. Your use of the Web Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Dog Gone Art as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Site and the Interactive Areas.
2. Use of Web Site.
2.1 You acknowledge that the Web Site contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Dog Gone Art or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Site. Users of the Web Site may use the Content only for their personal, noncommercial use. Users of the Web Site wanting to use the content for commercial use must obtain prior express written permission of Dog Gone Art.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may not use spiders, robots, data mining techniques or other automated techniques to catalog, download or otherwise reproduce, store or distribute content available on the Web Site. Further, you may not exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the Web Site to any third party. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Web Site any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You hereby grant to Dog Gone Art a perpetual, worldwide, royalty-free, freely transferable right and license to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Web Site without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 Any content downloaded on this web site is the protected and copyrightable property of Dog Gone Art. "Free" content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using downloaded content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Dog Gone Art or the owners of such content or their authorized persons if other than Dog Gone Art.
3. Rules of Conduct.
3.1 You shall agree not post on the Web Site any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web Site any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Site for any commercial purpose not expressly approved by Dog Gone Art, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services
3.2 You may use the portions of the Web Site without registering with Dog Gone Art, but in order to take advantage of some aspects of the Web Site, it will be necessary for you to register and pay a subscription fee. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
4. Managing Content.
Dog Gone Art does not and cannot review the content posted by users on the Web Site and is not responsible for such content. However, Dog Gone Art reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Dog Gone Art shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 Dog Gone Art does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Dog Gone Art or its advertisers or sponsors.
5.2 The Web Site may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Dog Gone Art is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Dog Gone Art and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Dog Gone Art Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Third Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Dog Gone Art reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dog Gone Art's defense of such claim.
7. Termination of Service.
Dog Gone Art reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Site, including the Interactive Areas, at any time for any reason without prior notice or liability. Dog Gone Art may change, suspend or discontinue all or any aspect of the Web Site at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
7a. Username/Password sharing is strictly prohibited and will result in suspension of subscription without further notice or liability, except in extraordinary circumstances.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER DOG GONE ART NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DOG GONE ART, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER DOG GONE ART, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEB SITE. NEITHER DOG GONE ART NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER DOG GONE ART NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.