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1. Introduction. Please
read this Web page carefully. It contains the Terms and
Conditions governing your access to and use of the
EnlivenArt Web Site. If you do not accept these Terms and
Conditions or you do not meet or comply with their
provisions, you may not use the Site.
2. Binding Agreement.
These Terms and Conditions (as they may be amended from
time to time by EnlivenArt) form a binding agreement
between you and EnlivenArt. Your access to or use of the
Site indicates your acceptance of these Terms and
Conditions. You are agreeing to use the Site at your own
risk.
3. Certain Definitions.
The following definitions apply to these Terms and
Conditions:
"EnlivenArt Web Site" or the "Site" includes
www.EnlivenArt.com in its entirety and its related sites
owned or operated by EnlivenArt, and includes their
Content, Text, Graphics, Design, Programming and Services
as applicable in the context.
"Content" includes all Text, Graphics, Design and
Programming used on the Site.
"Text" includes all text on every page of the Site,
whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other
graphical elements on the Site, with the exception of paid
advertising banners.
"Design" includes the color combinations and the page
layout of the Site.
"Programming" includes both client-side code (HTML,
JavaScript, etc.) and server-side code (Active Server
Pages, VBScript, databases, etc.) used on the Site.
"Document" refers to any posting to the Site, whether job
or resume.
"Services" means any services provided on the Site by
EnlivenArt or its agents.
"User" refers to any individual or entity who uses any
aspect of the Site.
4. Acceptable Use of the Site.
4.1 General Use Rules. The
Site is intended for kids and parents of all age groups
for multimedia entertainment and viewing motion graphics
and motion picture content. You may use this Site only for
lawful purposes within the stated context of EnlivenArt's
intended and acceptable use of the Site. EnlivenArt is the
sole interpreter of the Site’s intended and acceptable
use.
4.4 Other Specific Rules.
You represent, warrant and agree that you will not use (or
plan, encourage or help others to use) the Site for any
purpose or in any manner that is prohibited by these Terms
and Conditions or by applicable law. It is your
responsibility to ensure that your use of the Site
complies with these Terms and Conditions.
5. Intellectual Property
Rights. The Site and all right, title and interest in
and to the Site is the sole property of EnlivenArt or its
licensors, and is protected by U.S. copyright and
international treaties. Except for the limited licenses
expressly granted to you in these Terms and Conditions,
EnlivenArt reserves for itself and its licensors all other
right, title and interest. Without limitation on the
foregoing, you may not reproduce, modify, display, sell,
or distribute the Content, or use it in any other way for
public or commercial purpose. This includes copying or
adapting the HTML code used to generate Web pages on the
Site. "EnlivenArt," the EnlivenArt design logo and certain
other names or logos are service marks or trademarks of
EnlivenArt, and all related product and service names,
design marks and slogans are the service marks or
trademarks of EnlivenArt. In addition, the "look" and
"feel" of the Site (including color combinations, button
shapes, layout, design and all other graphical elements)
are also protected by EnlivenArt's trademarks, service
marks and copyrights. All other product and service marks
contained on the Site are the trademarks of their
respective owners.
6. Disclaimers and Limitations
on EnlivenArt's Liability.
6.1 Allocation of Responsibility EnlivenArt
assumes no responsibility for Documents posted by Users
and no responsibility for the activities, omissions or
other conduct of Users.
6.2 No endorsements by
EnlivenArt. Nothing on the Site shall be considered an
endorsement, representation or warranty with respect to
any User or third party, whether in regards to its Web
site, products, services, Trailers, characters Graphics,
stories, or otherwise.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ENLIVENART, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD
PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
ENLIVENART MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) ENLIVENART DOES NOT WARRANT THAT THE SITE WILL OPERATE
ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE
OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, ENLIVENART IS
NOT RESPONSIBLE FOR THOSE COSTS.
(ii) EnlivenArt makes no representations or guarantees
regarding the truthfulness, accuracy, completeness,
timeliness or reliability of any Documents posted by
Users, or of any other form of communication engaged in by
Users. Documents may contain inaccuracies or typographical
errors. You agree that any reliance on Documents posted by
Users, or on any other form of communication with Users,
will be at your own risk.
(iii) EnlivenArt makes no representations or guarantees
regarding the Content of the Site, including, but not
limited to, broken links, inaccuracies or typographical
errors.
6.5 DAMAGE LIMITATIONS,
ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU
POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL ENLIVENART (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR
ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS
INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN
CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO
USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT ENLIVENART IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE
PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD
INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
ENLIVENART 'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT
TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
AGGREGATE.
(d) Due to the nature of these Terms and Conditions, in
addition to money damages, EnlivenArt will be entitled to
equitable relief upon a breach of these Terms and
Conditions by you.
7. Payment of Services upon
Termination. If at any time during the course of this
agreement you should terminate this Agreement, not to
include your termination in the case of breach of this
agreement by EnlivenArt, EnlivenArt shall reserve the
right to receive all payments from you of the services
used by you up to termination and for fifty percent (50%)
of the remaining unused portion of this Agreement.
8. Amendments to this
Agreement and Changes to Site. EnlivenArt may revise
these Terms and Conditions at any time by updating this
page. Changes will be binding on you on the date they are
posted on the Site (or as otherwise stated in the any
notice of such changes). Any use of the Site will be
considered acceptance by you of the then-current Terms and
Conditions. If at any time you find the Terms and
Conditions unacceptable, you may not use the Site any
longer. Any new or different terms supplied by you are
specifically rejected by EnlivenArt unless EnlivenArt
agrees to them in a signed writing specifically including
those new or different terms. EnlivenArt may change the
Site at any time.
9. User Information. The
Privacy Policy posted on the Site is incorporated in this
Agreement by this reference. The Privacy Policy governs
data collected through EnlivenArt’s on-line operations
only. In addition, EnlivenArt reserves the right to
comply, in its sole discretion, with legal requirements.
10. Security Rules:
(a) Users are prohibited from
violating or attempting to violate the security of the
Site, including, without limitation: (i) accessing data
not intended for such User or logging into a server or
account which the User is not authorized to access; (ii)
attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to
interfere with service to any User, host or network,
including, without limitation, via means of submitting a
virus to the Site, overloading, "flooding", "mailbombing"
or "crashing"; (iv) sending unsolicited e-mail, including
promotions and/or advertising of products or services; (v)
forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or
criminal liability.
(b) Violation of these Security
Rules may result in civil or criminal liability.
EnlivenArt will investigate occurrences which may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are
involved in such violations. |