BY ENTERING, YOU ACCEPT www.angrylush.com Website Terms and Conditions of Use.
This Site is operated by Brad Choma, Angry Lush Design (hereafter www.angrylush.com), and a good explanation for this lengthy tirade of legality can be obtained by contacting firstname.lastname@example.org.
www.angrylush.com provides visitors access to an online portfolio of professional graphic design content and art direction content via the World Wide Web on the www.angrylush.com website under certain terms and conditions.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
AGREEMENT TO USER CONDUCT RULES
You agree to abide by www.angrylush.com's User Conduct Rules, including but not limited to, agreeing not to use this site or any information (hereafter "Content") for any unlawful purpose: you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other content that: (i) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates www.angrylush.com's rules or policies; (ii) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (iii) constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (iv) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (v) contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, province, or country of residence. You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. www.angrylush.com generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, www.angrylush.com and its agents have the right at their sole discretion to remove any content that, in www.angrylush.com's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. www.angrylush.com is not responsible for any failure or delay in removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under www.angrylush.com's control, and you acknowledge that www.angrylush.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by www.angrylush.com or any association with its operators.
(i) Your use of the Website is subject to all applicable laws and regulations, including Netiquette. (ii) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. (iii) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website. (iv) You agree not to upload or otherwise transmit through the Website any material that: (i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software. (v) Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of www.angrylush.com, which consent shall be at www.angrylush.com's sole discretion.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of this website is at your sole risk. This website is provided on an "as is" and "as available" basis. www.angrylush.com expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. www.angrylush.com makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the spelling and punctuation will meet with your requirements, (iv) the results that may be obtained from the viewing of content will be accurate or reliable, (v) the quality of any products, services, information, or other material obtained by you through this website will meet your expectations, and (vi) any errors in the software will be corrected. www.angrylush.com make any warranty as to the results that may be obtained form the use of this website or as to the accuracy or reliability of any information obtained through the website. You understand and agree that any material and/or data uploaded, downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data. www.angrylush.com makes no warranty regarding any goods or services purchased or obtained through the website. No advice or information, whether oral or written, obtained by you from www.angrylush.com or through or from the service shall create any warranty not expressly stated in the terms of service.
LIMITATIONS OF LIABILITY
www.angrylush.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the website, including any damage that results from the unauthorized access to or alteration of transmissions or data, including but not limited to, damages or loss of profits, even if www.angrylush.com has been advised of the possibility or such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
PROPRIETARY RIGHTS AND RESTRICTIONS
www.angrylush.com neither endorses or assumes any liability for the content. www.angrylush.com provides visitors access to display portfolio of professional graphic design and art direction content created in whole or in part by Brad Choma, under certain terms and conditions of viewing. By using this site you agree that all content shall not be used for the purpose of eliciting any form of financial gain; that any trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design or other brand feature shall not be used to resell or make any commercial use of the content of www.angrylush.com in accordance with copyright law. www.angrylush.com retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent that such removal constitutes a waiving of any claim against www.angrylush.com arising out of such file removal. In the event of nudity, all featured models are at least 18 years of age. Except as expressly provided, the display of any content shall not be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available is protected by copyright, trademark, patent, or other proprietary rights. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available. You agree not to use any of the trademarks or service marks or other Content accessible through this site for any purpose other than the purpose for which such Content is made available to users. You agree not to defame or disparage www.angrylush.com, the trademarks or service marks of www.angrylush.com, or any aspect of this site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Lycos Network.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS AND LIMITATION OF ACTIONS
In the event of claim or cause of action arises, you acknowledge your responsibility to provide written notice of alleged infringement to www.angrylush.com prior to formal claim or cause of action. The copyright owner must provide notice with the follwing information: the name, address, and electronic signature of the complaining party [512(c)3A(i)]; the infringing materials and their internet location [512(c)3A(ii)-(iii)]; sufficient information to identify the copyrighted works [512(c)3A(iv)]; a statement from the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)3A(v)]; and a statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner [512(c)3A(vi)]. It is the policy of www.angrylush.com to respond expeditiously to claims of intelletual property infringement. www.angrylush.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (hereafter DMCA) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, www.angrylush.com cwill act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Lycos Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
LIMITATIONS ON EXCLUSIVE RIGHTS: FAIR USE
Notwithstanding the provisions of U.S.C. sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. The doctrine of "fair use" which allows the right to display and digitally transmit a reproduction of copyrighted materials without permission. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: (i) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (ii) the nature of copyrighted work; (iii) the amount of substantiality of the portion used in relation to the copyrighted work as a whole; and (iv) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
You agree to indemnify and hold www.angrylush.com, and its respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. www.angrylush.com reserves the right to have control of any defence and control of any matter otherwise subject to indemnification by you. You agree to cooperate with www.angrylush.com in asserting any available defences. By using www.angrylush.com, you are hereby agreeing to release Lycos and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials. You hereby agree to waive all laws that may limit the efficacy of such releases. For example, you specifically agree to waive the provisions of California Civil Code section 1542, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which is known by him must have materially affected his settlement with the debtor."