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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with The Digital Ark, Corp. (“TDAC”), its third-party image partners, affiliates, or subsidiaries. By using this Site, you represent and warrant that you are over the age of 13 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf and that such entity agrees to indemnify and hold harmless TDAC, its third-party image partners, affiliates, and subsidiaries. for violations of these Site Terms.

Please direct all inquiries or feedback regarding this Site or its use by email to info@thedigitalark.com; by mail to The Digital Ark, Corp., P.O. Box 1121, Newport, Rhode Island 02840; or by phone to 401.228.6480.

GENERAL INFORMATION

The Site is normally available 24 hours per day, 7 days per week. TDAC and its third-party image partners retain the right, however, to make its Site unavailable from time to time for routine maintenance, updates, or for any other reason. You agree that TDAC and its third-party image partners shall not be liable for any damages arising from any interruption, suspension, or termination of its Site.

In no event will TDAC, its officers, directors, employees or agents, or its third-party image partners be liable to any party for any direct, indirect, economic, special or consequential damages, or loss of profits, arising out of or in connection with the use of the Site.

TDAC and its third-party image partners reserve the right to disable your access to its Sites immediately without notice, if TDAC or its third-party image partners, in their sole discretion, determine that your use of its Sites does not comply with these policies, violates any local, state, national or international law or regulation, interferes with others' use of the Site, or adversely affects the operation of the Site.

TDAC and its third-party image partners reserve the right to update, amend, correct, or modify this User Agreement at any time and in any manner, without prior notice. Any update, amendment, correction, or modification will be effective upon posting on the Site.

OWNERSHIP OF THE SITE AND ITS CONTENTS

This Site is owned by TDAC, its third-party image partners, affiliates and subsidiaries. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Content") is owned by TDAC, its licensors, or its third-party image partners.

All elements of the Site, including Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.

USE OF THE SITE

This Site and Content are intended for customers of TDAC and its third-party image partners. You may not use this Site or Content for any purpose not related to your business with TDAC and its third-party image partners. No part of the Site, its design, or any of the Content may be used for personal or financial gain, without the express permission of TDAC and its third-party image partners.

You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or Content without, or in violation of, a written license, purchase order or agreement with TDAC and its third-party image partners; (b) using any data mining, robots, or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service from TDAC and its third-party image partners if you are not expressly authorized by such party to do so; and (e) using the Site or Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You are responsible for any use of your account. It is your responsibility to guard your password and monitor the use of your account information.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail privacy and the transmission of technical data exported from the United States or the country in which you reside.

SECURITY AND PRIVACY

There are two types of users on the Site: Guest Users and Registered Users. Guest Users can search the Site, browse, and read content without creating an account. Registered Users, upon completing and submitting the account set up form, and reading and agreeing to the Site Terms & Conditions, are entitled to a free account which allows them the additional benefits of saving a Shopping Cart and purchasing items, including but not limited to, archival prints and downloadable digital files. These images are not for resale and are intended as a one time use only for personal and professional use, and for publication.

When you become a Registered User, the Site collects your name, billing and shipping addresses, email address, phone number, any applicable institutional affiliation, user name and password.

If you are a Registered User, a cookie may be placed on your machine for the following purposes: (a) to login the user; (b) to authenticate information in the Shopping Cart (to ensure no one else can access your saved information); (c) to remember previous searches; or (d) to pre-insert information in web forms. The cookie contains only non-personally identifiable information about the user's computer. The only information in the cookie itself is a numerical session identifier, which cannot be read by any website other than the Site.

Occasionally, we may notify you of updates to the Site and/or news and events at TDAC and its third-party image partners. If you do not wish to receive this type of information, you may "opt-out" by clicking on the appropriate radio button during the account set up process and by selecting Newsletter from the My Account page.

As a Registered User, if you would like to revise the information provided to us or believe that the information we currently have on record is incorrect, you may update the information from the My Account page.

Except as described in our Site Terms, we do not sell or share any of the registration information Registered Users provide with any companies outside TDAC, its third-party image partners, affiliates and subsidiaries.

TDAC uses the latest encryption technology to help ensure that your information is kept safe while in transit. Authorize.net provides merchant services for The Site.

VALIDITY

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This Agreement shall be governed by the laws in effect in the State of Rhode Island, regardless of conflicts-of-laws principles.

TDAC abides by the Graphics Artist Guild's Code of Fair Practice

The Digital Ark, Corp.
PO Box 1121
Newport, Rhode Island 02840
401.228.6480
info@thedigitalark.com
www.thedigitalark.com

© 2012 The Digital Ark Corporation - All rights reserved.

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