NOTICE TO USERS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DARKWELL STUDIOS.
OWNERSHIP OF DARKWELLSTUDIOS.COM & CONTENT
All of the content on the DARKWELLSTUDIOS.COM website, including but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "CONTENT"), are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by DARKWELL STUDIOS and its subsidiaries (collectively, "DARKWELL STUDIOS"), or by third parties who have licensed their materials to DARKWELL STUDIOS.
Except as otherwise provided in a written agreement from DARKWELL STUDIOS, CONTENT of the DARKWELLSTUDIOS.COM website, and the website as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download, print, and store selected portions of CONTENT, provided you (1) only use these copies of CONTENT for your own personal, non-commercial use, (2) do not modify or alter CONTENT in any way, or delete or change any copyright, logo, or trademark notice, (3) ensure that all digital presentation of CONTENT retain any copyright, logo, or trademark notice, and are directly credited to DARKWELL STUDIOS, and (4) CONTENT may not be used to suggest or imply endorsement by DARKWELL STUDIOS for any product or service.
No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading. DARKWELL STUDIOS reserves complete title and full intellectual property rights in any CONTENT you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from CONTENT without first obtaining written permission from DARKWELL STUDIOS.
top of page ˆCONTENT USE RESTRICTIONS
The following uses of CONTENT are strictly prohibited:
- Use of CONTENT beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional use.
- Creation of any derivative use of CONTENT unless accompanied by written permission.
- Use of CONTENT in a manner that is defamatory, pornographic, or obscene, whether directly, in context, or in conjunction with specific subject matter.
- Use of CONTENT in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
- Sublicense, re-license, rent, or lease of any CONTENT.
- Use of CONTENT to promote a business that sells, licenses, or produces CONTENT similar to that of DARKWELL STUDIOS or DARKWELLSTUDIOS.COM, or otherwise competes with DARKWELL STUDIOS or DARKWELLSTUDIOS.COM in any manner.
- The shipping, transfer, or export of CONTENT into any country or use of any of CONTENT in any manner prohibited by any export laws, restrictions, or regulations.
DISCLAIMERS
DARKWELLSTUDIOS.COM is operated by DARKWELL STUDIOS on an
"as is","as available" basis, without representation of warranties of any kind.
DARKWELL STUDIOS disclaims any and all representations and warranties
without respect to this site and its contents, whether express, implied,
or statutory, including, but not limited to, warranties of title,
merchantability, and fitness for a particular purpose.
DARKWELL STUDIOS makes no representation that content provided on the DARKWELLSTUDIOS.COM website is applicable or appropriate for use in locations outside of the United States of America.
Without limiting the foregoing, DARKWELL STUDIOS disclaims any
and all warranties, express or implied, for any merchandise or services offered on this website.
CORRECTION OF ERRORS AND INACCURACIES
Without limiting the foregoing, DARKWELL STUDIOS does not represent or warrant that the information on DARKWELLSTUDIOS.COM website is accurate, complete, or current, or that the DARKWELLSTUDIOS.COM website will operate without interruption or error.
Without limiting the foregoing, although best efforts have been made,
DARKWELL STUDIOS disclaims any liability as to the accuracy or
completeness of each item description.
LINKS TO THIRD PARTY SITES
DARKWELL STUDIOS does not endorse nor make any warranties or representation about any website you may access through the DARKWELLSTUDIOS.COM website. Links to other sites are provided for convenience only. Therefor, any interactions or communications with any other website (including other websites owned, managed, or administered by DARKWELL STUDIOS) are at your sole risk and must be made with your personal discretion.
top of page ˆLIMITATION OF LIABILITY
Under no circumstances shall DARKWELL STUDIOS or any of its employees, directors, officers, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising from or in connection with the use of or inability to use the DARKWELLSTUDIOS.COM website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortious action, even if an authorized representative of any DARKWELL STUDIOS business has been advised of or should have known of the possibility of such damages.
top of page ˆENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the DARKWELLSTUDIOS.COM website, you agree that your access to and use of the DARKWELLSTUDIOS.COM website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of New Hampshire, United States of America.
If you are dissatisfied with the DARKWELLSTUDIOS.COM website or any content of the website, or with the terms and conditions of DARKWELLSTUDIOS.COM, your sole and exclusive remedy is to discontinue using the DARKWELLSTUDIOS.COM website. You acknowledge, by your use of the DARKWELLSTUDIOS.COM website, that your use of the website is at your sole risk.
Applicable law may not allow the limitation of liability set forth above,
so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of DARKWELL STUDIOS under such circumstances for liability that otherwise would have been limited shall not exceed
one hundred dollars ($100).
