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Sun Graphix Designs (“Sun Graphix Designs,” “we”, “us” or “our”) provides the Services to you (“user,” “you” or “your”) subject to the terms of this legal agreement between you and Sun Graphix Designs. To use the Services, you must first agree to and accept these Terms of Service and Use Agreement (“Terms”). Where such express opportunity to agree to the Terms is not present, your use of the site and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements.
We reserve the right, at our sole discretion to modify or append these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Any use of the site or Services after such revisions have been posted signifies your consent and agreement to the modified Terms. Even though we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date revision.
In order to access some features of the Services, you will have to create a Sun Graphix Designs account. When creating your account, you must provide accurate and complete information. You are solely responsible for all activities that occur under your account. You are responsible for maintaining the confidentiality of your login name and password. You may never use others’ account without permission. You must notify Sun Graphix Designs immediately of any breach of security or unauthorized use of your account. Sun Graphix Designs will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for the losses of Sun Graphix Designs or others due to such unauthorized use.
We use a diverse range of proprietary and authorized third party information, listings, directories, text, advertisements, User Generated Content, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (which we collectively call the ” Material “) on the site and as part of the Services FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view, use, copy, and distribute the Material found on the site or obtained by means of the Services for individual, noncommercial, informational purposes only and in compliance with the Terms and all applicable laws.
By using the site and Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) from the site without the prior written consent of Sun Graphix Designs. In addition, you will not use the Material for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES OR EMAILS IS IN VIOLATION OF THESE TERMS AND MAY BE IN VIOLATION OF UNITED FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS.
You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the site, or from using other similar methods and tools to gather or extract data from the site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.
You may not use the site and Services to compile data (or any other portion of the Material), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the site and proper operation and usage of the Services by any other authorized users and third parties.
You are prohibited from modifying or obscuring the manner in which the site are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the site or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the site and Services, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by Sun Graphix Designs in our sole and absolute discretion, you may not link to the site or any portion of the Services (including deep linking to a specific portion of the site). You are not permitted to script searches or search results of the site in a manner that results in the automated display of Material on a third party websites.
To the extent applicable, when accessing the site, utilizing the Services or using any Accounts, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to the Services and any Accounts. You are prohibited from utilizing alter-egos or other disguised identities when accessing the site and utilizing the Services. All forms of indirect and ‘spoofed’ access are strictly prohibited. You are prohibited from attempting to access portions of the site which are not intended for public usage and the use of any information obtained from non-public portions of the site is expressly prohibited.
You are under no obligation to use or continue to use the site and Services and may temporarily or permanently cease using the site and Services without notice to Sun Graphix Designs. Any use of the site and Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the site or any portion thereof. If you see any objectionable content on the site, please contact us promptly in writing to the address listed below.
The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
Sun Graphix Designs respects intellectual property rights. If you believe that any Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
If you accept fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges. Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
Any use of the site, the Services, reliance upon any of the Material, and any use of the Internet generally shall be at your sole risk. Sun Graphix Designs disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Material accessible by use of the site and Services.
THE SITE AND THE SERVICES (INCLUDING MATERIAL AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUN GRAPHIX DESIGNS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND MATERIAL. SUN GRAPHIX DESIGNS DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, MATERIAL OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. SUN GRAPHIX DESIGNS DOES NOT WARRANT THAT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SUN GRAPHIX DESIGNS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND MATERIAL.
NO ADVICE OR INFORMATION PROVIDED BY SUN GRAPHIX DESIGNS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.
NEITHER SUN GRAPHIX DESIGNS, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (a) THE OPERATION OR PERFORMANCE OF THE SITE, SERVICES, OR ANY THIRD PARTY SITES, (b) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITES), (c) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (d) THE INTERNET GENERALLY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
IN NO EVENT SHALL SUN GRAPHIX DESIGNS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUN GRAPHIX DESIGNS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (a) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE AND THE SERVICES, (b) THE MATERIAL OR THE INTERNET GENERALLY, (c) THE USE (OR INABILITY TO USE), (d) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SUN GRAPHIX DESIGNS SITE OR A THIRD PARTY SITES, OR (e) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. SUN GRAPHIX DESIGNS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.
THE USER OF THE SITE AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, SERVICES, AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (a) BREACH OF CONTRACT, (b) BREACH OF WARRANTY, (c) NEGLIGENCE, OR (d) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will defend, indemnify, and hold harmless Sun Graphix Designs, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). Sun Graphix Designs retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without Sun Graphix Designs’s prior written approval.
We may terminate this Agreement, at any time, with or without notice or cause. We may discontinue, temporarily or permanently, the Services, with or without notice. We reserve the right to terminate, suspend, or restrict your access to the site and your use of the Services, in whole or in part, unilaterally and without notice, in the event that you violate any of the Terms. Upon termination or suspension, your right to access the site and use the Service will immediately cease. Furthermore, you agree that you will not attempt to access the site or attempt to utilize the Services by any alias or other disguised or fraudulent identity.
Sun Graphix Designs reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and site (including any establishment of an Account or submission of User Generated Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between Sun Graphix Designs and you.
You may not assign these Terms or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void.
If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.
You acknowledge and agree that that it is the intent of both you and Sun Graphix Designs to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the site and Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the site or use the Services.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Orange County, California. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the subject site are directed.
Except as expressly stated herein, the Terms constitutes the entire agreement between you and Sun Graphix Designs with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Sun Graphix Designs with respect to the Services and/or the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Sun Graphix Designs. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.