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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE CREATIVETELL.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND CASTELL ADVERTISING. By accessing any service or part thereof under the creativetell.com domain, you agree to be bound by the terms of this Agreement. by Castell Advertising reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
This Site is owned and operated by Castell Advertising. All images on this web site are owned by Castell Advertising are protected by International copyright laws and international treaty provisions. Castell Advertising retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from Castell Advertising , if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, Castell Advertising reserves the right to terminate this site without notice.
2. AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by Castell Advertising Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the by Castell Advertising End User License Agreement (EULA) and any relevant Licensing Agreements.
3. LIMITED WARRANTY
Castell Advertising represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.
Castell Advertising warrants that the Image(s) will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASTELL ADVERTISING DOES NOT WARRANT THAT THE IMAGE(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOU (AND NOT CASTELL ADVERTISING OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
5. YOU REPRESENT, WARRANT AND COVENANT THAT:
a. You are at least 18 years of age and have the right to enter into this Agreement;
b. You will not use the Images in any way that is not permitted by this Agreement or any other relevant Licensing Agreements;
c. Your use of the Images will not violate any applicable law or regulation of any country, state, or other governmental entity;
d. The information you provide to Castell Advertising is accurate and true, including without limitation all credit card information;
e. If you breach any provision of this section, we shall be entitled to
i. terminate this Agreement immediately with notice to you
ii. retain all unpaid payments pursuant to this Agreement and
iii. seek any legal or equitable remedies.
6. LIMITATION OF REMEDIES
a. Cancellation: In the event this Agreement is not terminated but the Subscription period has been canceled, you may continue to use the Images that you have buy as of the date of cancellation, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
b. No Monetary Damages: Under no circumstances whatsoever will Castell Advertising be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the Image(s) even if Castell Advertising or a distributor authorized by Castell Advertising has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement constitutes the entire agreement between You and Castell Advertising regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties'''''''''''''''''''''''''''''''' intentions. Failure by Castell Advertising to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.
* LEGAL FEES
If Castell Advertising is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Castell Advertising for its legal fees, costs and disbursements if Castell Advertising is successful.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
* ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CASTELL ADVERTISING, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND CASTELL ADVERTISING RELATING TO THE SUBJECT OF THIS AGREEMENT. THE OTHER EXPLANATIONS AND CONTENT PROVIDED IN CREATIVETELL.COM WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.
THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND WAS SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF SUBSEQUENT TRANSLATIONS CANNOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.
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