NOTICE TO USER
This is a legal agreement between you ("you" or "User") and ArtBooster.com, ("AB"). By using this Site (the "Site") you agree to be bound by the terms set forth herein. ArtBooster.com reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. Any user found not to be operating within the spirit of these Terms of Use will be banned from further use of the Site.

OWNERSHIP OF THIS WEBSITE
The Site is owned and operated by ArtBooster.com. All elements of the Site, including the Content on the Site (the "Content") and general design, are protected by copyright, trademark, trade dress and other U.S. and international laws relating to intellectual property.

AUTHORIZED USE
Your use of the Content is dependent on the product selected. See Licensing.

RESTRICTIONS AS TO USE
Regardless of the product, Content may not be rented, sold, given away, leased, sub-licensed or loaned in any form. You agree to take all steps necessary to prevent any third party from duplicating or distributing the Content. Defamatory, offensive, pornographic, or unlawful use of the Site Content is expressly prohibited, as is the use of logos or trademarks without authorization from the rights holder.

LINKS TO THIRD PARTY SITES
The linked Sites are not under our control and we are not responsible for the Content of any linked Site or any link contained in a linked Site, or any changes or updates to such Sites. We are not responsible for webcasting or any other form of transmission received from any linked Site. We provide the links to you only as a convenience. We do not endorse the linked Sites or their use or Content.

General Disclaimer
The information on this Site is provided "as is", with all faults basis and your use thereof is at your own risk. ArtBooster.com makes no representation or warranty, either expressed or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, noninfringement, or warranties arising by course of dealing or custom of trade.

Exclusion of Damages
ArtBooster.com warrants the images on its Site to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the image or a refund of the purchase price, at the option of ArtBooster.com. ArtBooster.com makes no other warranty either expressed or implied, of merchantability, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither ArtBooster.com nor any of its trustees, agents, employees, representatives or associates shall be liable for any damages. We also make no representation or warranty that your access to and use of the Site (1) will be uninterrupted or error-free (2) is free of viruses, unauthorized code, or other harmful components, or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. The entire risk as to the quality and performance of any material from this Site is with you, the registered user.

Limitation of Liability
Under no circumstances will ArtBooster.com or the owner of any Content be liable for any direct, incidental, consequential, indirect or punitive damages (including any lost profits or lost savings), or from your access or use of the Content on the Site. In any event, the combined limit of liability of ArtBooster.com and the copyright holder of the Content shall be the fee paid by the user for the Content on the Site. You acknowledge that absent your agreement to this limitation of liability, we would not provide you with access to the Site or permit your use of the Content. Further, the limitations of this paragraph apply whether or not the alleged breach or default is a breach of a fundamental condition or term.

INDEMNITY
You agree to indemnify and hold ArtBooster.com, its directors, employees, agents, representatives, licensors, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from violation of these Terms of Use, or other breach by you of this Agreement.

ASSIGNMENT
ArtBooster.com may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without ArtBooster.com's prior written permission. Any attempt by you to assign your rights under these Terms of Use without the written permission of ArtBooster.com shall be void.

JURISDICTION
ArtBooster.com operates the Site from its office within Denmark. Any and all disputes, with the exception of copyright claims, arising out of this Agreement including, without limitation the validity, performance and breach thereof, shall be settled by arbitration in Denmark.

ArtBooster.com protects its user's privacy. Please see our Privacy Statement.

TRADEMARKS
ArtBooster® and the logos thereof are registered trademarks of ArtBooster.com. All other brand and product names are trademarks, registered trademarks or service marks of their respective owners.

ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and ArtBooster.com and govern the use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 at issue, and the other provisions of these Terms of Use remain in full force and effect. 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 Site or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall be forever barred.

HEADINGS
Headings used in these Terms of Use are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section in any way or effect.

Copyright © 2003 ArtBooster.com. All rights reserved.