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Terms and Conditions

DOVERPICTURA.COM TERMS OF USE AND LICENSE

Date Revised and Posted: 4/23/12

Dover Publications, Inc. (“Dover Publications” or “Dover”) provides this web site, located at URL http://www.doverpictura.com, and all associated web pages (the “Site”) subject to the following terms and conditions contained in this Terms of Use Agreement (“Agreement”). You hereby acknowledge and agree that you have freely and voluntarily entered into this Agreement, and have read and understood each and every provision, including, but not limited to, your rights, obligations, and applicable terms and conditions as set forth herein. By using this Site, you are representing that you are at least eighteen (18) years of age. Your use of the Site will signify your assent to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately.

We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. Unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review changes in this Agreement. You agree that your continued use of the Site after the posting of any revised Agreement constitutes your agreement to be bound by such revised Agreement.

Your Access to the Site 

As a matter of convenience, you may be provided with an opportunity to create a personalized account to use on the Site. If you choose this option, you will be assigned a user identification (“User ID”) and password (your “Password”). You are solely responsible for all activity occurring through the use of your Password and for keeping your User ID and Password confidential. You are also responsible for all Site activity by others to whom you have voluntarily disclosed your password. You agree to notify us immediately of the actual or suspected unauthorized use, unauthorized disclosure, or theft of your User ID or Password. 

Creating an account on the Site will also provide you access to a digital locker through which you may access the images you purchase on the Site.  Usage of the locker is subject to the restrictions set forth below.  Any violations of such restrictions may result in access to the digital locker being limited or terminated. 

License of Images

The Site is designed and intended to allow individuals to license images from the Site (also referred to as “purchasing” images).  You agree that any “purchases” of images on the Site are in fact licenses of such images, subject to the limitations contained in these Terms of Use, and agree that all right title and interest in and to the images remains with Dover.  You may use images purchased on the Site, without special permission from or payment to Dover, provided that you include no more than ten in the same project or application.  Commercial use of these images may be restricted or prohibited if they contain a valid and existing trademark owned by a third party.  You agree not to share any images purchased on the Site and agree not to share access to your digital locker.  Images purchased on the site may not be shared by groups or organizations.  You agree to not upload any images purchased on the Site to a shared network or drive or file sharing site or otherwise disseminate, resell, reproduce or republish such images in any electronic, printed or other design resource.  Any such sharing may result in cancellation of your account and termination of access to your digital locker and may subject you to legal liability.  

For permission for additional use or if you have any questions, please write to Permissions Department, Dover Publications, Inc., 31 East 2nd Street, Mineola, New York 11501 or by e-mail at “rights@doverpublications.com”.  

Information You Provide 

You are responsible for the accuracy, timeliness, and completeness of all information provided to us in connection with your use of the Site. We are not responsible for any claims relating to any inaccurate, untimely or incomplete information you provide to us. You represent and warrant that you are the owner or a permitted licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that you post or transmit for use in public areas on the Site (including, without limitation, posting on chat, blog or bulletin boards or product reviews) (“Public Areas”). You agree to refrain from posting any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially or ethnically or otherwise objectionable. All product reviews are strictly the opinion of the poster and we do not endorse or approve any such review or have any responsibility or liability for the content thereof. Any product review you post on the Site using the PowerReviews's product reviews and ratings service (“Review Service”), is also governed by the PowerReviews.com Usage Agreement (“Usage Agreement”). In order to post any reviews on the Site by using the Review Service, you must register with the Site and agree to the terms of the Usage Agreement. The Usage Agreement shall govern in the event of, and to the extent of, any inconsistency with these Site Terms. You hereby grant us an irrevocable, royalty free, non-exclusive worldwide license to use, copy, display, create derivative works from, and distribute any information or materials you post on Public Areas. As set forth in the Privacy Policy, any submissions to Public Areas will be public and we will not be responsible for the action of other users of the Site with respect to any information or materials you post in Public Areas. You understand that we have no obligation to use any information that you submit to the Site and may delete such information.

Privacy

Your privacy is of great importance to us. All information gathered from you related to your use of the Site will be governed by our Privacy Policy.

Permitted Use

Dover Publications grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device of which you are a user, subject to all terms and conditions of this Agreement. No other use of the Site and the information contained thereupon is authorized. In consideration of this authorization, you agree that any copy, download or dissemination of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original.

Monitoring of the Site

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to properly operate the Site, or to protect Dover Publications or other users of the Site.

Notice of Trademark Rights, Copyright and Rights in Proprietary Materials

The trademarks, trade names service marks and logos (collectively, “Marks”) of Dover Publications are Marks of Dover Publications and any third party Marks appearing on the Site are the property of their respective owners. You acknowledge the rights of Dover Publications and the respective third parties in those Marks and, further, that you have no right or authorization to copy or use any of those Marks in any way except as expressly granted by this Agreement. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images, music and sound (collectively referred to herein as the “Proprietary Material”) and such proprietary material is owned by Dover Publications, or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior written permission of Dover Publications and/or the relevant rightsholder.

In the event that you believe, in good faith, that any materials on the Site infringes your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millenium Copyright Act”) to Dover Publications, as set forth below:

Attn: President or General Counsel

Dover Publications, Inc.

31 East 2nd Street

Mineola, NY 11501

Phone: (516) 294-7000

Fax: (516) 873-1401

Email: service@doverpublications.com

Indemnification

You agree to indemnify, defend and hold harmless Dover Publications, its subsidiaries and affiliates, its and their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers (collectively, the “Indemnified Parties”) from and against any and all losses, expenses, damages, demands or liabilities, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim, suit or other action by a third party (including any intellectual property claim) arising out of or based upon (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law or regulation. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Dover Publications. You further agree to hold harmless the Indemnified Parties from any claim arising out of or based upon a third party’s use of information or materials of any kind that you post in a Public Area.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL OF THE CONTENTS THEREIN ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. DOVER PUBLICATIONS DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, (COLLECTIVELY “WARRANTIES”), REGARDING THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) ARISING FROM ANY COURSE OF DEALING, COURSE OF USAGE OR COURSE OF PERFORMANCE; (III) THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM DOVER PUBLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (IV) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE AND ANY INFORMATION PROVIDED THROUGH IT UNDER THIS AGREEMENT.

DOVER PUBLICATIONS DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF LINKS PROVIDED ON OR TO THIS SITE. DOVER PUBLICATIONS IS NOT IN ANY WAY RESPONSIBLE FOR ANY INFORMATION, IMAGES, PRODUCTS OR SERVICES ACCESSIBLE THROUGH OTHER WEB SITES THAT LINK TO OR FROM THIS SITE. DOVER PUBLICATIONS SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY INFORMATION OR SERVICES PROVIDED BY A SITE THAT YOU REACH THROUGH A LINK EITHER TO OR FROM THIS SITE, AND YOU AGREE THAT DOVER PUBLICATIONS IS NOT AND WILL NOT BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE ON, SUCH MATERIAL(S), NOR FOR ANY FAILURE TO ENFORCE ANY OF DOVER PUBLICATIONS’ RIGHTS UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, AGAINST ANY SITE USER OR THIRD PARTY.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL DOVER PUBLICATIONS, ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SAVINGS, GOODWILL OR DATA, THE PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF DOVER PUBLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.

THE FOREGOING SHALL APPLY REGARDLESS OF: (I) THE NEGLIGENCE OF DOVER PUBLICATIONS; OR (II) THE GROSS NEGLIGENCE OF DOVER PUBLICATIONS; OR (III) ANY FAILURE OF AN ESSENTIAL PURPOSE; OR (IV) WHETHER SUCH LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE EXCLUDED DAMAGES, DOVER PUBLICATIONS’ LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DOVER PUBLICATIONS, ITS AFFILIATES OR SUBSIDIARIES TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Termination

You acknowledge and agree that Dover Publications may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that Dover Publications, in its sole discretion, believes violates any term or provision of this Agreement, otherwise violates the rights of Dover Publications or any third party, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that Dover Publications may suspend or terminate your access and use of the Site at any time, with or without cause, in Dover Publications' absolute discretion and without notice. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, Termination and General Provisions and any other provision that by its terms survives termination of your use or access to the Site.

General Provisions

Failure by Dover Publications to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement, or your use of the Site, other than action for specific performance or injunctive relief brought by Dover Publications, shall be exclusively brought in the federal, state, or local courts located in New York, NY, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement constitutes the entire agreement between you and Dover Publications with respect to the Site and your use thereof and supersedes all prior agreements or understandings, whether written or oral, between you and Dover Publications with respect to the Site and your use thereof. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not all images, products and services on this Site are available in all jurisdictions. If you are using this Site from outside of the United States, you are responsible for ensuring that your use of the Site is in compliance with the law of national jurisdiction. This Agreement inures to the benefit of Dover Publications, its successors and assigns. You may not assign this Agreement or any of your rights and liabilities hereunder. Any purported assignment by you, by operation of law or otherwise, in contravention of the foregoing non-assignment provision shall be null and void.