3dyourpics.com Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User”) and 3dyourpics.com (“3D”). By accessing and using the 3dyourpics.com web site, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

3D reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

USER CONDUCT Users agree that all the information accessed will be used only for informational, entertainment, or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.

CORPORATE IDENTIFICATION AND TRADEMARKS All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this web site are the property of 3D, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without 3D’s prior written permission. The use of 3D’s Marks on any other web site is prohibited.

PROPRIETARY RIGHTS TO CONTENT All materials contained on this web site are copyrighted except where explicitly noted otherwise. © Eight Bit Studios, LLC. All rights reserved. User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, film clips or other material contained in this web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without 3D’s prior, written consent.

LINKS TO THIRD PARTY SITES The 3D web site may contain links to third party web sites, which are not under the control of 3D. 3D makes no representations whatsoever about any other web site to which you may have access through the 3D web site. When you access a third party web site, you do so at your own risk and acknowledge that 3D is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that 3D shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the 3D web site is for informational purposes only and does not constitute an endorsement or recommendation.

LIMITATION OF LIABILITY USER EXPRESSLY UNDERSTANDS AND AGREES THAT 3D SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIR3DT, INDIR3DT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SP3DIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES While every effort is made to ensure accuracy, 3D makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does 3D make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.

USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, 3D PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELL3DTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL 3D OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF 3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION User agrees, at User’s expense, to indemnify, defend and hold harmless 3D, its members, producers, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.

GOVERNING LAW This Agreement and the relationship between User and 3D shall be governed by and construed in accordance with the laws of the State of Michigan. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a Michigan court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

WAIVER/SEVERABILITY The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS Any rights not expressly granted herein are reserved.