AGREEMENT BETWEEN USER AND DOWLING STUDIOS &
GALLERY
The Dowling Studios & Gallery Web Site is comprised of various Web
pages operated by Dowling Studios & Gallery.
The Dowling Studios & Gallery Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Dowling
Studios & Gallery Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Dowling Studios & Gallery reserves the right to change the terms,
conditions, and notices under which the Dowling Studios & Gallery
Web Site is offered, including but not limited to the charges
associated with the use of the Dowling Studios & Gallery Web Site.
WEB CAM
The opinions and
views expressed by other users of the Service or content providers
do not necessarily reflect those of Dowling Studios & Gallery. You
waive any claim resulting from your exposure to material on the
Service that is offensive, indecent, or otherwise objectionable.
LINKS TO THIRD PARTY SITES
The Dowling Studios & Gallery Web Site may contain links to other
Web Sites ("Linked Sites"). The Linked Sites are not under the
control of Dowling Studios & Gallery and Dowling Studios & Gallery
is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Dowling Studios & Gallery is
not responsible for web casting or any other form of transmission
received from any Linked Site. Dowling Studios & Gallery is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Dowling
Studios & Gallery of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Dowling Studios & Gallery Web
Site, you warrant to Dowling Studios & Gallery that you will not
use the Dowling Studios & Gallery Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices.
You may not use the Dowling Studios & Gallery Web Site in any
manner which could damage, disable, overburden, or impair the
Dowling Studios & Gallery Web Site or interfere with any other
party's use and enjoyment of the Dowling Studios & Gallery Web
Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Dowling Studios & Gallery Web Sites.
USE OF COMMUNICATION SERVICES
The Dowling Studios & Gallery Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
 | Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
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| Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
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| Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or
have received all necessary consents.
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| Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation
of another's computer.
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| Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
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| Conduct or forward surveys, contests, pyramid schemes or
chain letters.
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| Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
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| Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a
file that is uploaded.
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| Restrict or inhibit any other user from using and enjoying
the Communication Services.
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| Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
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| Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
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| Violate any applicable laws or regulations. |
Dowling Studios & Gallery has no obligation to monitor the
Communication Services. However, Dowling Studios & Gallery
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion.
Dowling Studios & Gallery reserves the right to terminate your
access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Dowling Studios & Gallery reserves the right at all times to
disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in
whole or in part, in Dowling Studios & Gallery sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Dowling Studios & Gallery does not control or endorse the
content, messages or information found in any Communication
Service and, therefore, Dowling Studios & Gallery specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized
Dowling Studios & Gallery spokespersons, and their views do not
necessarily reflect those of Dowling Studios & Gallery.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO Dowling Studios
& Gallery OR POSTED AT ANY Dowling
Studios & Gallery WEB SITE
Dowling Studios & Gallery does not claim ownership of the
materials you provide to Dowling Studios & Gallery (including
feedback and suggestions) or post, upload, input or submit to any
Dowling Studios & Gallery Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are
granting Dowling Studios & Gallery, its affiliated companies and
necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Dowling Studios & Gallery is under
no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Dowling Studios & Gallery
sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Dowling Studios & Gallery WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dowling Studios &
Gallery AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Dowling Studios & Gallery WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Dowling Studios & Gallery WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Dowling Studios & Gallery AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Dowling Studios &
Gallery WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. Dowling Studios & Gallery
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Dowling Studios & Gallery AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Dowling Studios &
Gallery WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Dowling
Studios & Gallery WEB SITE OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Dowling Studios & Gallery WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Dowling Studios & Gallery WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Dowling Studios & Gallery OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Dowling Studios & Gallery WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Dowling Studios & Gallery WEB SITE.
SERVICE CONTACT :
dowlingstudios@hotmail.com
TERMINATION/ACCESS RESTRICTION
Dowling Studios & Gallery reserves the right, in its sole
discretion, to terminate your access to the Dowling Studios &
Gallery Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to
the use of the Dowling Studios & Gallery Web Site. Use of the
Dowling Studios & Gallery Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Dowling Studios &
Gallery as a result of this agreement or use of the Dowling
Studios & Gallery Web Site. Dowling Studios & Gallery performance
of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of
Dowling Studios & Gallery right to comply with governmental, court
and law enforcement requests or requirements relating to your use
of the Dowling Studios & Gallery Web Site or information provided
to or gathered by Dowling Studios & Gallery with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire
agreement between the user and Dowling Studios & Gallery with
respect to the Dowling Studios & Gallery Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and Dowling Studios & Gallery with respect to the Dowling Studios
& Gallery Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Dowling Studios & Gallery Web Site are: and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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