1. ACCEPTANCE OF TERMS
The web pages available at photocartoon.net, and all linked pages (“Website”), are owned and operated by photocartoon.net ("Photo Cartoon"), and is accessed by you under the Terms of Services described below ("Terms of Service").
Photo Cartoon reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Photo Cartoon will notify you by posting an announcement on the Website. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Services shall include, but not be limited to, any service and content Photo Cartoon performs for you, as well as the offering of any materials displayed, transmitted or performed on the Website or through the Services (including, but not limited to icon images, text, information, data, graphics, images, illustrations, also known as the "Content"). Photo Cartoon may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Photo Cartoon may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service.
The Services and its contents are intended solely for the personal use of Services and may only be used in accordance with the terms of this Terms of Service. All materials displayed or performed on the Services (including, but not limited to icons, text, graphics, articles, photographs, images, illustrations (also known as the "Content"), and which includes User Submissions (as defined below) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
6. INTELLECTUAL PROPERTY RIGHTS
The Services are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, intellectual property laws international conventions, and other proprietary rights and laws.
You may download or copy the Content (and other items displayed on the Services for download) for personal use only, provided that you maintain all copyright and other notices contained in such Content.
Photo Cartoon respects the intellectual property of others. It is our policy to respond expeditiously to claims of copyright and other intellectual property infringement. Photo Cartoon will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Photo Cartoon may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
7. WARRANTY DISCLAIMERS
You acknowledge that Photo Cartoon has no control over, and no duty to take any action regarding: which users gain access to the Website or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Photo Cartoon from all liability for you having acquired or not acquired Content through the Website or the Services. The Website or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Photo Cartoon makes no representations concerning any content contained in or accessed through the Website or Services, and Photo Cartoon will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Services. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Photo Cartoon has no control over such sites and resources, you acknowledge and agree that Photo Cartoon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Photo Cartoon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Photo Cartoon OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE WEBSITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.