PancakeArtwork.com |
Terms of Use |
This web site (the "site") is operated by PancakeArtwork.com. The terms "we," "us", "PancakeArtwork" and "our" refer to PancakeArtwork.com. PancakeArtwork.com offers this site, including all tools, services, and information available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. If you use this site, it constitutes your agreement to these Terms and Conditions of Use. Please do not use this site if you do not agree to these Terms and Conditions of Use.
The contents of this site are given for general information only. The contents of this site should not be used as or relied upon as the sole basis for making decisions without consulting primary, more timely, more complete or more accurate sources of information. If information made available on this site is not accurate, complete or current, PancakeArtwork.com is not responsible. We have no obligation to update any information on the site and reserve the right to make changes to the contents of this site at any time. You agree that it is your responsibility to monitor modifications to the site.
Pursuant to 47 U.S.C. Section 230(d) as amended, PancakeArtwork.com hereby notifies you that parental control protections (such as computer filtering services, software or hardware) are commercially available and may assist you in limiting access to material that is harmful to minors.
You may only use the Website if you are 13 years of age or older. You must be 18 years of age or older to subscribe to receive any Content or other marketing or promotional material from us, register for an account or purchase products via the Website (via any media and in any form). If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Notice.
All content on this site (including, without limitation, images, logos, icons, code, software, downloads, interfaces, text, graphics, design, and audio clips) is owned by and the exclusive property of PancakeArtwork.com, its content providers or licensors and is protected by trademark, copyright and other applicable laws. You may access, download, copy and print the material contained on the site for your personal and non-commercial use, so long as you do not modify or delete any trademark, copyright or other proprietary notice that appears on the material you access, copy, download or print. All other use of content on the site, including but not limited to the transmission, distribution, uploading, licensing, creation of derivative works from, modification, information, products, software, services or material obtained from the site, is expressly prohibited. PancakeArtwork.com or its content providers or licensors retain complete & full title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in PancakeArtwork.com's sole discretion. PancakeArtwork.com neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with PancakeArtwork.com.
A condition of your use of the site is that you will not use the site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.
You acknowledge that you are responsible for any material you may submit via the site, including the appropriateness, originality, copyright, legality and reliability of any such material. You may not upload commercial content onto the site. You may not distribute, upload to or otherwise publish through this site any content that (a) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (b) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam"; (c) is fraudulent, defamatory, lebelous, confidential, false, threatening, obscene, obscene, infringing on intellectual property rights, illegal, abusive, invasive of privacy or publicity rights or otherwise objectionable. You may not impersonate any person or entity or otherwise mislead as to the origin of any content, use a false email address or other identifying information.
If you submit material, unless we indicate otherwise, you grant PancakeArtwork.com and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that PancakeArtwork.com is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to PancakeArtwork.com. You grant PancakeArtwork.com and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site's online Privacy Policy. You will indemnify PancakeArtwork.com for all claims resulting from content you supply. You represent and warrant that use of the content you supply does not violate any provision herein, that you own or otherwise control all the rights to the content you post, that the content is accurate, that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity.
The site is provided on an "as is" basis. Your use of this site is at your sole risk.
You are responsible for any loss of data or damage to your computer system from the download of any material from the site. If you download any material from this site, you do so at your own discretion and risk.
PancakeArtwork.com expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER PANCAKEARTWORK.COM NOR ITS SUPPLIERS SHALL BE LIABLE FOR OFFENSIVE, ILLEGAL, OR DEFAMATORY CONDUCT OF ANY USER OF THE SITE. YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PANCAKEARTWORK.COM IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND PANCAKEARTWORK.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, SHALL PANCAKEARTWORK.COM BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ACCURACY OF RESULTS, LOSS OF GOODWILL, OR LOST PROFITS. PANCAKEARTWORK.COM SHALL NOT BE LIABLE FOR CLAIMS, REGARDLESS OF LEGAL GROUNDS, RESULTING FROM DELAY OR IMPOSSIBILITY OF PERFORMANCE, POSITIVE VIOLATION OF CONTRACTUAL DUTIES, INFRINGEMENT OF INDUSTRIAL PROPERTY RIGHTS OF THIRD PARTIES OR TORT, INFRINGEMENT OF INFORMATION DUTIES OR COLLATERAL DUTIES OR PRELIMINARY AGREEMENTS. WHEN PANCAKEARTWORK.COM IS LEGALLY LIABLE, SUCH CLAIMS SHALL BE LIMITED TO THE FORESEEABLE DAMAGE. ANY CONSEQUENTIAL DAMAGES OR COMPENSATION SUCH AS LOSS OF PROFITS SHALL BE EXCLUDED IN SUCH CASES.
You agree to defend, indemnify, and hold harmless PancakeArtwork.com and its managers, affiliates, successors, assigns, agents, licensors and licensees and each of their respective officers, contractors, agents, partners, directors, employees and service providers (“Indemnified Parties”), from and against any debt, losses, cost, demands, expenses, liabilities or claims (including reasonable attorneys’ fees) made against PancakeArtwork.com by any third party due to or arising out of or in connection with (a) any other party’s access and use of the Website with your unique password, username, or other appropriate security code; (b) your User Generated Material or any that is submitted via your account; (c) your violation of any third-party right, including without limitation any right of publicity, intellectual property rights, or right of privacy; (d) your access to and use of Website, including any content or data received or transmitted by you; (e) your violation of any term of these Terms of Use or (f) your violation of any applicable rule, law or regulation.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all liabilities, damages, costs, claims, and actions of every kind and nature, unsuspected or expected, undisclosed or disclosed, unknown or known, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.
California Residents: you expressly waive CA Civil Code §1542, quoted here: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Access to or from Linked Sites are provided by PancakeArtwork.com as a convenience. The site may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, deployed by third parties in their social media, those provided by us, advertisements and other marketing activities (areas these links are placed are also considered Linked Sites). Such Linked Sites are not operated, controlled or owned by us and if you visit Linked Sites, you are subject to the terms of use and privacy policies of such Linked Sites and are visiting said Linked Sites entirely at your own risk. Please read the terms of use and privacy policies of any Linked Sites before you engage in any activity on or provide any personal or other information to such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.
PancakeArtwork.com expressly disclaims responsibility and liability for and does not endorse Linked Sites, including with respect to the products, services and content provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that PancakeArtwork.com is not liable for any loss or damage you may suffer from any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.
This site including all of the content displayed or featured thereon, including, but not limited to, photographs, moving images, text, sound illustrations, graphics, illustrations, software, and photographs (collectively "Content"), is owned by PancakeArtwork.com, its content providers and/or licensors. Every element of PancakeArtwork.com's web site, including, but not limited to, the Content and general design, are protected by moral rights, trademark, copyright, trade dress and other laws relating to intellectual property rights.
All animation, videos, music, sounds, text, text selections, arrangements, all software, images, web site design and graphics are Copyright © 2020, PancakeArtwork.com. PancakeArtwork.com and PancakeArtwork are trademarks of PancakeArtwork.com. ALL RIGHTS RESERVED.
The purchase of products and other uses of this web site may have additional terms apply.
These Conditions of Use including disclaimers are governed by the laws of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In using this web site, you consent to exclusive jurisdiction and venue of the courts of Woodford County, Illinois in all disputes arising out of or relating to the use of this site. Should any part of these Conditions of Use be held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. PancakeArtwork.com's failure to enforce or insist upon strict performance of any provision of these terms shall not be construed as a waiver of any right or provision.
This Site may contain statements, estimates or projections constituting "forward-looking statements" as defined under U.S. federal securities laws. Such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future trends & events. Being so, they are subject to uncertainties. Actual performance and actual results might be significantly different from PancakeArtwork.com's historical experience and our present expectations or projections. PancakeArtwork.com undertakes no obligation to publicly revise or update forward-looking statements of any kind.
Logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are licensed to or are the property of PancakeArtwork.com and its subsidiaries or its licensors or content providers are featured on this site. All such Marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by estoppel, implication or otherwise, any right or license to use any Mark presented on this Site without written permission of PancakeArtwork.com or any such third party that may own a Mark displayed on the Site. PancakeArtwork.com reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected under the copyright laws of the United States and other countries.