Acceptance of Terms

This is a legal agreement (“Agreement”) between you and Discreet Arts LLC (hereinafter referred to as “Website Owner”), the owner and developer of DiscreetArts.com (the “Service(s)”). By using the Service, you agree to be bound by the terms of this Agreement (the “TOS”) for as long as you use the Service. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at www.DiscreetArts.com/terms.php. In addition, when using any Website Owner-owned or -operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree, except as otherwise expressly provided in this TOS, that there shall be no third party beneficiaries to this agreement.IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THE SERVICE, AS YOUR USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

Description of Service

Website Owner, through DiscreetArts.com, makes available a collection of information and resources to its users. All users must abide by the TOS. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SERVICE FOR ANY PURPOSE.

You understand that you may receive business-related communications from Website Owner, such as announcements regarding the Service and administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. As a user of the Service you also understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, any advertiser found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Website Owner shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

The Service may provide, or third parties may provide, links to other websites or resources. Website Owner has no control over such websites and therefore you acknowledge that Website Owner is not responsible for the availability of such links or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials made available on or from these linked websites or resources. You also acknowledge and agree that Website Owner is not responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to have been caused by, or in relation to, the use of content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are entirely responsible for obtaining such access and paying such fees.

Intellectual Property/Use Rights

The content contained within the Service is the property of Website Owner and is protected by copyright laws and other intellectual property laws. The content is for the user’s personal, non-commercial use only. No part of the content may be copied, downloaded, stored or transferred to others in any form by any means for any purpose without first obtaining the prior written consent of Website Owner. Use for any commercial purpose is strictly prohibited. User agrees not to distribute, license or create derivative works from any of Website Owner’s copyrighted or trademarked material, including graphic files, logos and text, available on the DiscreetArts.com website.

DMCA/Copyright InfringementM

Website Owner respects the intellectual property rights of others and requests that its users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by the Service, please contact Website Owner and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed.
2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent).
3. Identification or description of where the material that you claim is infringing is located on the DiscreetArts.com website, with enough detail that we may find it on the Service.
4. Your name, address, telephone number and email address.
5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Website Owner’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

By mail:
DiscreetArts.com
Legal Department— DMCA Notifications
123 Main Street
Burbank, CA 91505
United States of America

By email:
[email protected]

Limitations of Liability and Indemnity

By using any services provided by Website Owner, you agree that in no event will Website Owner, its subsidiaries, officers, employees, agents, partners and affiliates be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Service. Your sole remedy for any breach or default of this Agreement by Website Owner shall be a return of any fees paid to Website Owner, if any, for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Website Owner, its and their subsidiaries, officers, employees, agents, partners and affiliates and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Service, including any breach by you of the terms contained in this Agreement.

Confidentiality/Privacy Policy

It is agreed that all personal information given to Website Owner is subject to our Privacy Policy, and will be kept confidential by Website Owner. Website Owner cautions you against giving out any personally identifying information about yourself. In an effort to preserve your privacy, Website Owner agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in the Privacy Policy at www.DiscreetArts.com/privacy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time.

Modification and Termination of the Service

Website Owner reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Website Owner will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as available” basis.

WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND/OR NON-INFRINGEMENT.

WEBSITE OWNER MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Website Owner or through or from the Service shall create a warranty not expressly stated in the TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE OWNER IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, LOSS OF PROFITS OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING ADVERTISERS, ON THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THOUGH OR FROM, THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. WEBSITE OWNER’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Disputes

If there is any dispute about or involving the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Los Angeles, California.

General Information

This Agreement constitutes the entire agreement between you and Website Owner and governs your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use certain elements of the Service, advertiser services, third-party content or third-party software.

The failure of Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors, each responsible for its own actions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, or else it shall be forever barred.

Please report any known or suspected violations of the TOS, including any suspected copyright or trademark violations, to [email protected].