Last Updated: July 28th, 2021
All elements of the Site, including the text, still images, moving images, graphics, illustrations, audio, multi-media, graphics, vectors, software, data and the selection and arrangement of those elements ("Content") and the general design are owned by Company or its licensors and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. You must enter into a License Agreement to use any of the Content. You may not use Company's trademarks or trade names, including "Clipart.com" without Company's prior written consent. In addition, the look and feel of the Site, including all elements of the design is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Company.
USE OF THE SITE AND RIGHT TO MODIFY THE TERMS
PROHIBITED USE OF SITE AND CONTENT
You are specifically prohibited from the following:
- Removing, altering or changing any copyright information or other notices or metadata associated with the Content;
- Downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license with Company;
- Using any data mining, robots or similar data gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site visitors or Company's users;
- Manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology;
- Circumventing any Site restrictions or measures to limit access to the Site;
- Registering or attempting to register for any products or services offered by the Company if you are not authorized by the party to do so;
- Disclosing, selling or trading any password to restricted areas of the Site or allow any third party to have access to your password.
- Interfering in any manner, whether technological or otherwise with the function of the Site or and services offered by Company.
- Exploiting or commercializing the Site or the Content without the specific written authorization of Company; or
- Using the Site and its Content other for the intended purpose.
PASSWORD PROTECTION AND SECURITY
This Site is password protected for only registered users who have received an authorized password from Company and who are using their own password are permitted to access this Site. A condition of accessing the Site is that you shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another employee or subcontractor engaged by you or your employer or otherwise. If you become aware of any loss, theft or misuse of your password, you must inform us in writing immediately, otherwise you may be liable for any loss or damage arising from such misuse. We reserve the right to terminate your access in the event of any misuse of your password.
LINKS TO THIRD PARTY SITES
The linked sites are not under Company control, and it is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting, or any other form of transmission received from any linked site. You acknowledge that Company provides the links to you only as a convenience and it does not endorse the linked sites or their use or content.
You hereby agree to indemnify, defend and hold harmless, the Company, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Site; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including, but not limited to, any intellectual property right. Company shall promptly notify you of any such claim, and Company shall assume control of the defense of such claim subject to your indemnification.
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND COMPANY EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE COMPANY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
LIMITATION OF LIABILITY; CLASS ACTION WAIVER
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY' RECORDS, CONTENT, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE SITE.
COMPANY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. COMPANY IDENTIFIED THE CAPTION FOR THE CONTENT TO THE BEST OF ITS ABILITY BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. COMPANY IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF THE CONTENT BY THIRD PARTIES.
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
If you choose to correspond with us or our employees in any manner with respect to the Site, including any Site Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
The license granted to you in these Terms terminates automatically upon any unauthorized use of the Site and Company reserves the right to take any action we deem appropriate in connection with your violation of these Terms, including, without limitation, taking appropriate investigative and legal action for any illegal or unauthorized use of the Site, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, IP addresses, and traffic information. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from any such violation.
Jurisdiction and Attorney's Fees: This agreement, its validity and effect, shall be interpreted under and governed by the laws of the Commonwealth of Massachusetts. If User is an agent for or an employee of a non-U.S. Company but operates in a place of business in the United States or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. The Parties agree that all claims shall be brought and that the parties shall be subject to the jurisdiction of the applicable commonwealth or federal court located in Suffolk County. If Company is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.
No Assignment: This Agreement is not assignable or transferable on the part of the User without Company approval. Company may assign its rights and obligations under this Agreement without any User consent or prior notice. Any change of ownership shall be provided to the User on the Site.
No Waiver: No action of Company, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Company in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between Company and User and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by user, the terms of this Agreement shall govern.
Notice To California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
To file a complaint regarding the Site or to receive further information regarding use of the Service, send a letter to the above address, contact firstname.lastname@example.org via e-mail. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
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