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DIGITALFUSION CREATIVE TECHNOLOGIES, INC ("DIGITALFUSION")
DF STUDIO SERVICE TERMS OF USE

PLEASE READ THIS TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE DIGITALFUSION SERVICE. BY USING THE DIGITALFUSION SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE OR USE THE SERVICE.

1. General. DigitalFusion's DF Studio Service ("DigitalFusion Service"), available through web.dfstudio.com, business.dfstudio.com and other custom *.dfstudio.com domains, and linked to from other sites, is intended to provide enterprises, businesses, professional photographers, amateur photographers, students and related organizations an image management service. The site is provided "as is," with no guarantee of completeness, accuracy, or timeliness, and without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability, and fitness for a particular purpose. DigitalFusion Creative Technologies ("DigitalFusion" and any of its successors or assignees) cannot guarantee compatibility or functionality with any specific user browsers or Internet Service Providers. DigitalFusion does not warrant that any information, software or other material downloaded from this site or from any other sites linked to this site will be uninterrupted, error-free, or free of viruses or harmful components.

Title and intellectual property rights in and to any content displayed by or accessed through the DigitalFusion Service belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content.

DigitalFusion is committed to protecting copyrights and expects users of the DigitalFusion Service to do the same. Each image in the DigitalFusion Service is subject to United States copyright law and it is the responsibility of the party adding or requesting the image be added to the DigitalFusion Service to own the right to, or to obtain permission to, use any image before the image is added to the DigitalFusion Service. At DigitalFusion's discretion and in appropriate circumstances, DigitalFusion may terminate the accounts of users or prevent access to the DigitalFusion Service by users who infringe the intellectual property rights of others or misuse the DigitalFusion Service in any way. If you believe that your work has been copied in a way that infringes your copyrights, please contact DigitalFusion via email to info@digitalfusion.net or via telephone to 310.253.9008 and provide all relevant details.

The DigitalFusion Service has been designed to protect the copyright and use of images in a variety of ways. However, your use of the Messenger(TM) and Portfolio(TM) constitutes permission for viewing and use of the images sent by the recipient. DigitalFusion will not be liable for the content of any Messenger or Portfolio and expressly disclaims all liability relating thereto.

2. Permitted Uses and Restrictions.

  1. By completing the DF Studio Account Creation process, by keeping your account payments up-to-date and by using the DigitalFusion Service you are permitted to use the service. Use of the DigitalFusion Service constitutes your agreement to any and all restrictions set forth in these Terms of Use.
  2. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the DigitalFusion Service or any part thereof. THE DIGITALFUSION SERVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE DIGITALFUSION SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
  3. All text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively, "DigitalFusion Service"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the site is owned, controlled or licensed by or to DigitalFusion, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the DigitalFusion Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without DigitalFusion's express prior written consent.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense any portion or all the DigitalFusion Service. The DigitalFusion Service enables Account Administrators to create additional users for their account. In all cases, the account holder will be responsible for adherence to this Agreement by all users associated with their account.

4. Consent to Use of Data. You agree that DigitalFusion may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the DigitalFusion Service. DigitalFusion may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Modifications and Termination. Modifications and Termination. DigitalFusion reserves the right at any time and from time to time to modify or discontinue temporarily or permanently any part of the DigitalFusion Service or this Agreement with or without notice. You agree that DigitalFusion shall not be liable to you or to any third party for any modification, suspension or discontinuance of the DigitalFusion Service. Your sole remedy is to terminate your subscription to the DigitalFusion Service. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from DigitalFusion if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the DigitalFusion Service.

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from DigitalFusion if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the DigitalFusion Service.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DIGITALFUSION SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE DIGITALFUSION SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DIGITALFUSION, ITS PREDESSORS, SUCCESSORS AND ASSIGNEES AND DIGITALFUSION'S LICENSORS (COLLECTIVELY REFERRED TO AS "DIGITALFUSION" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DIGITALFUSION SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DIGITALFUSION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DIGITALFUSION SERVICE, THAT THE FUNCTIONS CONTAINED IN THE DIGITALFUSION SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DIGITALFUSION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DIGITALFUSION SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITALFUSION OR AN DIGITALFUSION AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DIGITALFUSION SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

From time to time, DigitalFusion may provide links to Internet sites maintained and owned by Third Parties. DigitalFusion does not operate nor control, in any respect, information, products or services on these third party sites. The materials on this site and the third party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible by law, DigitalFusion disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Certain links on this site may lead to information or resources maintained by third parties over whom DigitalFusion has no control. Consequently, DigitalFusion makes no express or implied warranties as to the accuracy or any other aspect of such information or resources. DigitalFusion retains the right to modify this disclaimer as well as the operational practices and functionality of the DigitalFusion Service at any time and at its sole discretion.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIGITALFUSION BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DIGITALFUSION SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DIGITALFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall DigitalFusion's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Indemnification. You agree to indemnify and hold DigitalFusion, its officers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against DigitalFusion by any third party due to or arising out of or in connection with your use of the DigitalFusion Service.

9. Controlling Law and Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable use. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

10. Complete Agreement; Governing Language. Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of the DigitalFusion Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by DigitalFusion. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern.


DigitalFusion Creative Technologies Inc — Updated 01/2014