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The AtomGallery.com service (the "Service") consists
of electronic document storage services provided by Fluid Vision Systems (FVS).
AtomGallery.com and Fluid Vision Systems shall be collectively referred to as
"The Company". These terms and any Operating Rules published over the Service
constitute the entire agreement to the exclusion of all other terms and
conditions, whether express or implied and supersede all other
communications.
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Upon notice published over the Service, The Company may modify the Operating
Rules, and may revise any or all other aspects of the Service at its sole
discretion no prior notice.
- The customer’s right to use the Service is not transferable.
Customer is responsible for and must provide all telephone and other
equipment and services necessary to access the Service.
Customer shall be responsible for all use of the Service accessed
through Customer’s password(s).
Customer expressly agrees that use of the service is at Customer’s
sole risk. The Company does not warrant that the service will be
uninterrupted or error free; nor does The Company make any warranty as to
the results to be obtained from use of the service. The service is provided
without warranties of any kind, either express or implied, including but
not limited to implied warranties merchantability or fitness for a particular
purpose, other than those warranties which are implied by and incapable
of exclusion, restriction, or modification under the laws applicable to
this agreement. Neither The Company or anyone else involved in creating,
producing or delivering the service shall be liable for any direct, indirect,
incidental, special or consequential damages however so arising. Customer
expressly acknowledges that the provision of this paragraph shall also
apply to any third party content.
Customer agrees to indemnify The Company against liability arising from
any and all use of customer’s account. The customer expressly agrees that
it is solely responsible for ensuring that material subject to the service
does not infringe any intellectual property right and hereby indemnifies
The Company against all damages, costs, charges and expenses arising from
or incurred by reason of any infringement or alleged infringement of any
intellectual property right.
Title, copyright and all other proprietary rights in the service shall
remain vested in The Company.
The Company may terminate this agreement by the no prior
written notice to the customer.
The customer may not use the service to store material of an explicit or
pornographic nature, nor any material that contravenes any law or regulation
in force in the United Kingdom or in force in any country from which the
service is accessed.
Should the Customer breach any provision of this agreement, the
Customer’s access to and use of the service may at the sole option to
The Company, be terminated without prior notice.
This agreement shall be governed by and construed in accordance with the
laws of England.
If any provision of this Agreement is determined to be invalid, all
other provisions shall remain in full force and effect. The provisions of
paragraphs 6,7, and 8 and all obligations and restrictions on customer and
its designated users shall survive any termination of this Agreement.
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