Disclaimers, Indemnification, Limitations of Liability(a) Responsibility for Content. SDTechnologist shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, SDTechnologist makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, SDTechnologist or otherwise, nor does SDTechnologist endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the preceding, SDTechnologist makes no representations, warranties or covenants regarding the validity of the rights to Responses granted under these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your risk. Without limiting the preceding, you agree and acknowledge that you use each Response at your risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Photos / Images: SDTechnologist shall not be responsible for any use of photos that are not royalty free. It is the clients' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and designs for any designs created by SDTechnologist for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and desktop wallpapers.
(b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." SDTechnologist MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. SDTechnologist DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE preceding, SDTechnologist DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF.
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; AND
(v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON- PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SDTechnologist OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work, and SDTechnologist does not regularly screen or censor any information or material posted to the Web Site. Although SDTechnologist makes commercially reasonable efforts to determine the identity of Clients, SDTechnologist cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because SDTechnologist does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release SDTechnologist (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless SDTechnologist and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, UNIQUE, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF SDTechnologist OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SDTechnologist ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO the full amount YOU PAID TO SDTechnologist FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(g) Web Site Domain Name Registration (URL): SDTechnologist is not responsible for any domain name registration. SDTechnologist will only register your domain name once your project has entered the website design department. SDTechnologist will not be responsible if your domain name has been recorded after you have placed your order. It is your responsibility to secure your domain name before you order our web design package. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, unique, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF SDTechnologist OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SDTechnologist ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO SDTechnologist FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Eligibility, Access, Use and Service
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely for these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may. Display the Web Site on an Internet access device, and on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the preceding, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that.
(i) Is copyrighted, unless you are the copyright owner.
(ii) Reveals trade secrets, unless you own them.
(iii) Infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right.
(iv) Is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity.
(v) Is sexual- explicit.
(vi) Constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or
(vii) Contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to
(a) Use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client.
(b) Delete or revise any material or other information of any other user of SDTechnologist.
(c) Take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure.
(d) Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site.
(e) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from SDTechnologist on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator). Or
(f) Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(d) Web Site Security. You are prohibited from violating or attempting to violate the safety of the Web Site, including, without limitation,
(i) Accessing data not intended for you or logging into a server or account that you are not authorized to access.
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Trying to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing" or "crashing," the Web Site;
(iv) Sending unsolicited email to any user of the Web Site, including promotions and advertising of products or services; or
(v) Forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. SDTechnologist will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are participating in such violations. SDTechnologist reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with or post to, the Web Site at any time without notice, in its sole discretion. SDTechnologist will use commercially reasonable efforts not to disclose any information you communicate with or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(e) The operation of Web Site. SDTechnologist shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. SDTechnologist reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although SDTechnologist intends to use commercially reasonable efforts to make the Web Site and Service accessible, SDTechnologist makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and server problems. SDTechnologist may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. SDTechnologist shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.