PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this site. We reserve the right without notice, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.
This site is owned and operated by Maccartistry Designs, LLC. (hereinafter collectively referred to as "Maccartistry"). The copyright in all material provided on this site is held by Maccartistry or the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Maccartistry or the copyright owner. No material from this site or any other site owned, operated or controlled by Maccartistry may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Maccartistry copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Maccartistry.
Maccartistry is pleased to hear from its customers and welcomes your comments regarding Maccartistry products, including Maccartistry online services. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Maccartistry might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If at our request you send certain media specific submissions (e.g., artwork, postings to contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Maccartistry. None of the Submissions shall be subject to any obligation of confidence on the part of Maccartistry, and Maccartistry shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Maccartistry shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
"Forum" means an e-mail function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited. It is Maccartistry policy to respect the privacy of all guests. In addition, we may, at our sole discretion, monitor, edit, or disclose the contents of a guest's e-mail when required in the course of normal maintenance of this site and its systems or particularly when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Maccartistry; (2) protect and defend the rights or property of Maccartistry; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By posting or uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You agree to indemnify Maccartistry for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these terms of use. While Maccartistry does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Maccartistry reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Maccartistry is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting Maccartistry products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Maccartistry from within the State of Nevada, United States of America. Maccartistry makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms and conditions of use are effective until terminated by either party. You may terminate these terms of use at any time by not using this site and by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of these terms of use or otherwise. These terms will terminate immediately without prior notice from Maccartistry if in Maccartistry's sole discretion you fail to comply with any term or provision of these terms of use. Upon termination, you must destroy all materials obtained from this site and any and all other Maccartistry site(s) and all copies thereof, whether made under the terms of these terms of use or otherwise.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MACCARTISTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACCARTISTRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACCARTISTRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MACCARTISTRY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MACCARTISTRY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MACCARTISTRY OR A MACCARTISTRY'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MACCARTISTRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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