Dino-Buddies - Bonus Downloads - Terms of Agreement

TERMS OF SERVICE AGREEMENT
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND COPYRIGHT HOLDER – including Rivercrest Industries, Inc., Rivercrest Publishing and/or Capers, (“OUR,” “US,” “WE” OR “COPYRIGHT HOLDER”), WHICH GOVERNS YOUR USE OF OUR Mechanical printing and/or electronic files TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
When we refer to the “use” of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with any other terms of use applicable to other COPYRIGHT HOLDER owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
 
ACCESS TO THE SERVICE
Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) under certain terms and conditions as set forth in this Agreement
By using the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised; except, however, that you may print out text or image based Content for your personal, non-commercial use. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
You may not use or allow others to use the Service directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that violates any law or regulation or the rights of COPYRIGHT HOLDER; and/or infringes any intellectual property, proprietary rights or confidentiality obligations of COPYRIGHT HOLDER. You are solely responsible and liable for any such activity, behavior, use and conduct. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
Termination of this Agreement shall not relieve you of any obligations to the Terms of this Agreement.
 
INTELLECTUAL PROPERTY RIGHTS
The Content available through the Service is the property of COPYRIGHT HOLDER and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only.
You acknowledge that COPYRIGHT HOLDER retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and COPYRIGHT HOLDER reserves all rights not expressly granted hereunder.
You may not:
Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software.
Copy or distribute the Content in any manner whatsoever.
Bypass any measures COPYRIGHT HOLDER may use to prevent or restrict access to the Service.
You shall promptly notify COPYRIGHT HOLDER in writing upon your discovery of any unauthorized use or infringement of the Service or the Content or COPYRIGHT HOLDER’s patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, COPYRIGHT HOLDER may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
The COPYRIGHT HOLDER logos and other trademarks within the Service or Content are the property of the COPYRIGHT HOLDER and are owned by, licensed to, or, where required, used with permission by COPYRIGHT HOLDER and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the COPYRIGHT HOLDER.
 
CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service is created, operated and controlled by COPYRIGHT HOLDER in the State of Texas, United States of America. The laws of the State of Texas will govern this Agreement without giving effect to any principles or conflicts of laws.
 
OTHER IMPORTANT PROVISIONS
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us 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.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
This Agreement, together with our Intellectual Property Rights and/or any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
CHANGES OR MODIFICATIONS
We reserve the right to add, delete, change or modify parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Terms of Use on our website and will indicate the effective date of the Terms of Use at the bottom of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of the Service constitutes your acceptance of the new Terms of Use.