Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by
::Art of Nemesis, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.artofnemesis.com (the "Service"). This Service is operated by
::Art of Nemesis.
::Art of Nemesis is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by our General Terms, which contains provisions applicable to all users of our Service, including visitors to the
::Art of Nemesis website (the "Site").
General Terms
1. Availability
This Service is provided by
::Art of Nemesis on an "AS IS" and "AS AVAILABLE" basis and
::Art of Nemesis reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that
::Art of Nemesis is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
::Art of Nemesis has a firm commitment to safeguarding your privacy. The terms of
::Art of Nemesis' privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify
::Art of Nemesis or third parties and their products and services are proprietary marks of
::Art of Nemesis and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of
::Art of Nemesis or any third party with respect to any such image, logo or name.
4. Copyright
::Art of Nemesis is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of
::Art of Nemesis. However,
::Art of Nemesis does not claim ownership rights in your works or other materials posted by you to
::Art of Nemesis (Your Content).
5. Reporting Copyright Violations
::Art of Nemesis respects the intellectual property rights of others and expects users of the Service to do the same. At
::Art of Nemesis' discretion and in appropriate circumstances,
::Art of Nemesis may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact
::Art of Nemesis' agent for notice of claims of copyright infringement, Daniel Sowers who can be reached through help@deviantart.com. You must provide our agent with the following information, which
::Art of Nemesis may then forward to the alleged infringer:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) 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.
(c) 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 the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider 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.
(e) 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.
(f) 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.
6. External Links
::Art of Nemesis may provide links to third-party websites or resources. You acknowledge and agree that
::Art of Nemesis is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by
::Art of Nemesis of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall
::Art of Nemesis be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to
::Art of Nemesis that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless
::Art of Nemesis, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
::Art of Nemesis MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
::Art of Nemesis DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
::Art of Nemesis MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT
::Art of Nemesis IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW,
::Art of Nemesis SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF
::Art of Nemesis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL
::Art of Nemesis' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO
::Art of Nemesis PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to
::Art of Nemesis for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
11. General
These Terms constitute the entire agreement between
::Art of Nemesis and you with respect to your use of the Service.
::Art of Nemesis' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
::Art of Nemesis shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of
::Art of Nemesis. These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Netherlands and federal courts of the Netherlands.
12. Comments
If you have any comments or questions about the Service please contact us by using our
contactform.