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Terms of Use

Use of the web site www.artbyanima.com (the "Site") is subject to the following terms and conditions and all applicable laws. By using the Site, you accept and agree to be bound by these Terms of Use. If any of these Terms of Use are unacceptable to you, do not use the Site.

We may change these Terms of Use at any time without advance notice. Your use of the Site after any changes have been made will constitute your agreement to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

1. Copyright and Other Protection

The Site and much of the text, images, graphics, audio and video clips, information and other content of the Site (collectively, the "Content") are protected by copyright, trademark and other laws. We and applicable third parties own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.

2. Permitted Uses

The Content is made available solely for your limited personal, noncommercial use, or for fair use to the extent permitted under Canadian copyright law. Unless otherwise specified on the Site, you may employ the normal functions of your browser to download and print a single copy of individual Content files for such use, provided that you retain all copyright and other proprietary notices associated with the Content. You must cite the author/artist and source of the Content as you would content from any printed work, and the citation should include the URL "www.artbyanima.com".

3. Third Party Rights

We grant the foregoing limited permission under copyrights we own. Copyrights and other rights in the Content may also be held by other individuals or entities, including artists and other holders of rights in art works reproduced on the Site. While we have endeavored in good faith to obtain from such third parties the rights we believe necessary to include their works on the Site, we do not represent or warrant that use of the Content displayed on the Site, even for personal noncommercial purposes, will not infringe or violate the rights of third parties. You are solely responsible for obtaining all permissions from third parties that may be necessary for any use of the Content you wish to make.

4. Prohibited Uses

You are prohibited from copying, displaying, publishing, distributing, transmitting, modifying, performing or otherwise using or exploiting any of the protected Content on the Site for any commercial purpose or for the purpose of making it publicly available. You are also prohibited from including any of the protected Content in a database, web site or electronic resource, and from making any other use of the protected Content that is not expressly permitted under Section 2.

5. Permission Requests

To request permission, under rights controlled by us, for any otherwise prohibited use, please contact Anima or Terry McKertcher by phone at (780) 483-5009 or via email at anima@artbyanima.com or terry@artbyanima.com. As noted above, you are also responsible for obtaining any permissions under third party rights you may need.

6. Trademarks, Patents, Etc.

Nothing in these Terms of Use or on the Site shall be construed as granting you any right or license to use any trademarks, service marks or logos displayed on the Site, nor any right or license under any patent. You agree not to use any name or emblem of Art by Anima in any advertising or promotional materials, or to falsely suggest any relationship between you and us, or in any manner that would infringe or violate any of our rights.

7. Disclaimer of Warranties

The Site and the Content are provided "as is" to the fullest extent permitted by law. We and any third-party content providers or licensors (content providers) disclaim all warranties of any kind (expressed, implied or otherwise) regarding the Site or the Content, including but not limited to any implied warranties or merchantability, fitness for particular purpose, ownership, and non-infringement. Neither we nor any content provider makes any warranty about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the Site or the Content. We do not warrant that the Site will operate without error or interruption, or that the Site or its server are free of computer viruses or other harmful materials.

8. Limitations of Liability and Remedies

Your use of the Site and the Content is at your own sole risk. If you are dissatisfied with the Site or the Content, your exclusive remedy is to stop using the Site and the Content. In no event shall we or any content provider be liable to you, in contract, or otherwise, for any direct, indirect, special, incidental, consequential, punitive or other damages of any kind whatsoever arising out of or in connection with the Site or the Content, or your use of the Site or the Content, even if we or a content provider are negligent or otherwise at fault, regardless whether we are advised of the possibility of such damages.

9. Indemnity

You agree to indemnify and hold harmless Art by Anima, and their officers, fellows, owners, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Site or the Content.

10. Information You Supply

Except where you specifically indicate otherwise, any communication or material you transmit to the Site by electronic mail or other means (including any information, questions, comments, ideas or the like) will be deemed to be non-confidential and non-proprietary. You agree that we will be free, without further obligation to you, to reproduce, modify, prepare works derived from, perform, display, distribute, sell and otherwise make available, use and exploit, in any manner or medium now known or later developed, anything you transmit or post to us or the Site, and to permit others to do so.

11. Links to Other Sites

Links in the Site to third-party web sites are provided solely as a convenience to you. We are not responsible for, and do not endorse, the content of linked third-party sites. If you decide to access linked third-party web sites, you do so at your own risk.

12. Applicable Law and Jurisdiction

The Site (excluding links) is controlled and operated from our facilities in Edmonton, Alberta. While we have made no effort to publish the Site elsewhere, because the Site is published on the World Wide Web it is accessible in all provinces in Canada other countries. As each of these places has laws that may differ from those of Alberta, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Site, by accessing or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of Alberta, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved exclusively in courts sitting in Edmonton, Alberta. You consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our web site from locations other than Edmonton, Alberta, you will be responsible for compliance with all local laws of such other locations.

13. General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Last Updated September 21, 2006

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