|The following Terms and Conditions ("Terms") are applicable
to Moondance Massage. The Moondance Massage website is referred to generically herein as the "Website".
The services provided by Moondance Massage via the Website (other than third party websites accessible via the
Website) are subject to these Terms and any policies that may be published by Moondance Massage from time to time.
The Terms and any applicable policies comprise the entire agreement between you and Moondance Massage and supersede
all prior agreements regarding the subject matter contained herein.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE.
Moondance Massage makes various services available on the Website including, but not limited to, the capability to create, post and exchange digital files. Fees for the various services are set out in the Signup and/or FAQ on the Website. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.
In order to access some of the services, you will require a separate account and password which can be obtained by completing the online registration form ("Registration Data") and maintaining and updating your Registration Data as required.
You agree not to hold Moondance Massage liable for any damage to, any deletion of or any failure to store your files, data or Registration Data. You further acknowledge that Moondance Massage has a fixed upper limit on the amount of disk space that you may use, which limits are set out in the signup section of the Website.
You retain all rights in and to any of your material you upload to the Website. In order to enable Moondance Massage to provide the Website, you grant Moondance Massage and its designated licensees a non-exclusive, fully paid-up and worldwide right to copy, distribute, use in connection with the operation of the Website, such material, regardless of the medium, technology, or form in which it is used. Such use by Moondance Massage may include, but will not be limited to, use of any information posted to the Website to be included as part of a screen option, demonstration or brochure for the purpose of promoting your material or the Website.
You acknowledge that Moondance Massage may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Website.
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Moondance Massage takes reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve copies of your film negatives or slides, and backup copies of any digital data or information that you have uploaded.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify Moondance Massage of any unauthorized use of your account.
Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature.
You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
You agree not to upload or otherwise transmit through the Website any material that: (i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of Moondance Massage, which consent shall be at Moondance Massage's sole discretion.
Moondance Massage neither endorses or assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. Moondance Massage retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against Moondance Massage arising out of such file removal.
You acknowledge and agree that, during the course of providing the Website, Moondance Massage may be required to grant access to a third party and/or decrypt files in response to a court order. You hereby consent to such legal production and waive any claim against Moondance Massage arising out of such court order.
The entire content of the Website in aggregate is copyrighted by Moondance Massage as a collective work under United States copyright laws. Portions of the Website are provided to Moondance Massage under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by Moondance Massage.
No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website.
You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by Moondance Massage and other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on the Website; or (d) any other means by which you obtain notice thereof.
Moondance Massage is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
Moondance Massage reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Moondance Massage shall not be liable to you or any third party should Moondance Massage exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services or changes to limitations on allowable file sizes.
You agree to indemnify and hold Moondance Massage, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.
Either you or Moondance Massage may terminate your relationship with or without cause at any time. You agree that Moondance Massage may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Should you object to the Terms or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the Website; (b) terminate your membership; and (c) notify Moondance Massage of your termination.
Moondance Massage shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEDIGITALARTIST EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THEDIGITALARTIST MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WARP 10 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. THEDIGITALARTIST MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
THEDIGITALARTIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THEDIGITALARTIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, USA, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Rhode Island, USA.
If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Moondance Massage's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by Moondance Massage in writing.
You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose.
The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Moondance Massage's prior written consent.