TERMS OF USE
Welcome to the DindoDrafting.com website (the “Site”), which is owned and operated by Dindo Drafting Inc., a corporation of Vermont (“Dindo”). Please review the following terms and conditions, which govern your use of the Site (“Agreement”). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site.
Please review our Privacy Policy which also governs your visit to the Site, to understand our practices relating to the collection and use of your personal
LINKS TO THIRD PARTY WEBSITES
If you use links to third party websites on the Site, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Dindo of the third party, the third party website, or the information contained therein. Dindo is neither responsible for the availability of any such websites, nor responsible for or liable for any such website or the content thereon. If you use the links to third party websites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips,data compilations, and software (collectively, “Content”), is the sole and exclusive property of Dindo or its content suppliers and is protected against unauthorized use by United States and Dindo trademarks, service names, graphics, logos, images, content, page headers, button icons, and scripts, including DINDO and DINDO DRAFTING, are trade names, trademarks, services marks, or trade dress of Dindo in the United States and/or other countries. Dindo’s trade names, trademarks, service marks and trade dress may not be used in connection with any product or service that is not Dindo’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dindo. All other marks not owned by Dindo that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Dindo.
RESTRICTIONS ON USE OF CONTENT
Visitors may access this Site and the Content available on this Site solely for the purpose of browsing for artwork, in accordance with the applicable terms of this Agreement, and purchasing image files, in accordance with the License Agreement which governs your use of purchased files. Except as permitted above and as may be specifically agreed in writing by Dindo, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
LIMITED LICENSE AND SITE ACCESS
Dindo grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except in accordance with the License Agreement hyperlink to License Agreement] governing use of purchased image files and/or with the express written consent of Dindo. This limited license does not include any resale or commercial use of this Site or its contents; any collection and use of any listings, descriptions, ratings or rankings; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering or extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Dindo. Any unauthorized use terminates the permission or license granted by Dindo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dindo so long as the link does not portray Dindo, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Dindo logo or other proprietary graphic, trademark or service mark as part of the link without express written permission.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DINDO ON AN “AS IS” AND “AS AVAILABLE&rdquo BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DINDO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DINDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DINDO DOES NOT WARRANT THAT THIS SITE; INFORMATION CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR EMAIL SENT FROM DINDO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS DINDO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS, OR SERVICES INCLUDE ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
APPLICABLE LAW AND DISPUTES
This Agreement is governed by the laws of the State of Vermont, USA, without regard to principles of conflict of laws. Any dispute relating to your use of services provided by Dindo, or to this Agreement, shall be adjudicated in any state or federal court in Vermont, and you consent to exclusive jurisdiction and venue in such courts. Dindo respects the intellectual property rights of others. It is our policy not to permit materials known by Dindo to infringe another party’s copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Dindo by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth here: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dindo to locate the material; (iv) Information reasonably sufficient to permit Dindo to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: Mr. Charles M. Dindo
Dindo Drafting, Inc.
28 White Street
Barre, VT 05641
Fax: 802-479-1823
Email: [email protected]
You agree to indemnify and hold Dindo, and its parents, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any fines, loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or from any breach of this Agreement.
This Agreement, the Privacy Policy , and the License Agreement, if applicable, constitute the entire agreement of the parties with respect to your use of the Site. The terms in this Agreement may be modified by Dindo at any time, and by you only with the prior written consent of Dindo in each instance. Any claim with respect to your use of this Site must be brought within one (1) year of the date that the claim arises. If any provision of this Agreement is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by Dindo of any rights under this Agreement constitutes a waiver of any other right, or right to enforce any subsequent breach of this Agreement. In the event Dindo is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Dindo’s reasonable costs, including attorneys’ fees and costs of suit.