Planet Voodoo Stock Artwork Terms of Use and Conditions Please read carefully before ordering any stock artwork product from Planet Voodoo. The Planet Voodoo Web Site (the "Site") is an online metaphysical business subject to your compliance with the terms of use and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Planet Voodoo MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. By clicking the “Download” links found on the Planet Voodoo website, installing from a CD or by opening an archive package containing Planet Voodoo Artwork files, you agree to the terms of the Planet Voodoo End User License Agreement. This is a contract between you and Planet Voodoo. Please note that this is a license to use Planet Voodoo Stock Artwork, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use Planet Voodoo Stock Artwork. Please read the terms carefully: 1. Copyright, Licenses, and Idea SubmissionsThe entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Planet Voodoo, The Mystic Voodoo, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Planet Voodoo a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Planet Voodoo by all means and in any media now known or hereafter developed. You also grant to Planet Voodoo the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against Planet Voodoo for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Planet Voodoo. Limited License Upon payment of the non-refundable license fee, Planet Voodoo grants you a non-exclusive, non-transferable, limited right to use Planet Voodoo Artwork for personal or commercial use by you at a single, geographical location (the “Licensed Location”). You may not store Planet Voodoo Artwork on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location. Permitted Copies You may not duplicate or copy Planet Voodoo Stock Artwork except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of Planet Voodoo Artwork for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the artwork including all related documentation. You may not copy Planet Voodoo Artwork except as provided under the “Permitted Copies” provision above. License Transfer; Service Bureaus You may not rent, lease, sublicense, distribute, lend nor transfer Planet Voodoo Artwork, or any copy or portion of Planet Voodoo Artwork, without Planet Voodoo's prior written consent. No Other Use You are granted only the rights expressly stated in this Agreement, and you may not use Planet Voodoo Artwork for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from Planet Voodoo: (1) You may not share Planet Voodoo Artwork with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.); (2) You may not use Planet Voodoo Stock Artwork at more than one physical location; (3) You may not change the name of Planet Voodoo Stock Artwork; (4) You may not resell or redistribute Planet Voodoo Stock Artwork. TRADEMARKS Publications, products, content, or services referenced herein or on the Site are the exclusive trademarks or service marks of Planet Voodoo and The Mystic Voodoo. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Termination The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of Planet Voodoo Artwork. The balance of the Agreement shall survive any such termination of license rights. Warranty Planet Voodoo warrants that Planet Voodoo Stock Artwork will perform as outlined in the user documentation in effect at the time of the commencement of this license. Planet Voodoo will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Planet Voodoo. Planet Voodoo will have no responsibility in the event you fail to provide proof you licensed Planet Voodoo Stock Artwork from Planet Voodoo. Planet Voodoo Stock Artwork Disclaimer; No Refunds EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, Planet Voodoo STOCK ARTWORK IS PROVIDED “AS IS.” Planet Voodoo DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING Planet Voodoo STOCK ARTWORK. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, Planet Voodoo MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for Planet Voodoo Stock Artwork is nonreturnable and nonrefundable.
See Earnings Disclaimer and Legal Disclaimer for more information. LIMITATION OF LIABILITY IN NO EVENT WILL Planet Voodoo BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF Planet Voodoo OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED or RECEIVED THROUGH THE WEBSITE OR HOME STUDIO LOCATION. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Planet Voodoo LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Planet Voodoo makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Planet Voodoo web site, please understand that it is independent from Planet Voodoo, and that Planet Voodoo has no control over the content on that web site. In addition, a link to a Planet Voodoo web site does not mean that Planet Voodoo endorses or accepts any responsibility for the content, or the use, of such web site. Indemnification You agree to indemnify, defend and hold harmless Planet Voodoo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of Planet Voodoo and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. NotificationsPlanet Voodoo strives to provide accurate and reliable information on this website. The information and sources are obtained from those trained or disciplined in our spiritual tradition(s), sound academic sources, as well as ancient sacred texts that we believe to be reliable. The information, however, cannot be guaranteed as 100% accurate. There may be technical inaccuracies or typographical errors on the website. Any life decision you make as a result of reading anything on this website or as a result of any product or service purchased is your responsibility and not the responsibility of Planet Voodoo. Planet Voodoo reserves the right to alter, remove, include, expand, adjust and revise all products lines, content, formulary, ingredients, pricing and make changes to the website or retail store products described therein at any time without notice. Should there be any revisions to the materials contained within, they are still subject to the Copyright and Trademarks laws and polices in affect. Planet Voodoo reserves the right to deny services and products and all materials contained within the website and home studio location without notice at any time. Further we reserve the right to deny entry into our home studio location without prior notification. Planet Voodoo cannot guarantee the security of transmitting data through any servers or the World Wide Web; therefore, we cannot determine with absolute certainty the privacy of your transmissions, terminal, programs, or gateway when accessing our website and the contents contained therein. We do not consider any data to be private nor inaccessible when we are the recipient of digital transmissions. GeneralThis site is owned and maintained by the Mystic Voodoo located in West Liberty, Iowa in the United States of America and all parties are subject to the laws of the United States. If any dispute arises out of this agreement, then all parties agree that any dispute will be resolved within the jurisdiction of the State of Iowa and must be brought to a state or federal court within the State of Iowa. Any and all disputes must be brought to the agreed upon venues within the State of Iowa within one year of written notification of dispute. Further all parties agree that to access this site from outside the United States is done on your own behalf and you are responsible for compliance with United States local, state, or federal laws. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that best matches the intent of the original provision and the remainder of the Agreement shall continue in effect. By purchasing any product or services from Planet Voodoo website or home studio location, you have agreed and accept the governing jurisdiction laws and validity of all disclaimers and policies contained within.This Agreement represents the entire agreement between you and Planet Voodoo in connection with its subject matter. This Agreement supersedes any other "Planet Voodoo End User License Agreement" which may be included with Planet Voodoo Stock Artwork or previously displayed on this web site, and/or any prior agreements between you and Planet Voodoo in connection with its subject matter. This Agreement may only be modified by Planet Voodoo in a writing that expressly states that such writing is intended to modify this Agreement. Governing Planet Voodoo Planet Voodoo is a website governed by the Mystic Voodoo, an Iowa company with a mailing address of: P.O. Box 313, West Liberty, Iowa, 52776, U.S.A. All support requests, completed registrations and other inquiries should be sent to: planetvoodoo@planetvoodoo.com. Any rights not expressly granted herein are reserved.
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