Your Agreement with kem-kem Digital, Inc.:
Welcome to the kem-kem Digital, Inc. website. Following
are the terms and conditions that govern your use of this
site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND kem-kem Digital, INC. ("kem-kem Digital"
"WE" OR "OUR"). PLEASE READ THIS AGREEMENT
("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE
TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.
Ownership of This Website
This website is owned and operated by kem-kem Digital.
All of the content featured or displayed on this website,
including, but not limited to, text, graphics, photographs,
moving images, sound, illustrations and software ("Content"),
is owned by kem-kem Digital, its licensors and its content
providers.
All elements of kem-kem Digital websites, including, but
not limited to, the general design and the Content, are
protected by trade dress, copyright, moral rights, trademark
and other laws relating to intellectual property rights.
Except as explicitly permitted under this or another agreement
with kem-kem Digital or one of its subsidiaries, no portion
or element of this website or its Content may be copied
or retransmitted via any means and this website, its Content
and all related rights shall remain the exclusive property
of kem-kem Digital or its licensors unless otherwise expressly
agreed. You shall indemnify kem-kem Digital, its subsidiaries,
its affiliates and licensors against any losses, expenses,
costs or damages incurred by any or all of them as a result
of your breach of the terms of this Agreement or your unauthorized
use of the Content and related rights.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS"
AND KEM-KEM DIGITAL EXCLUDES TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
KEM-KEM DIGITAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS
OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR
WITHOUT ERROR. YOU, NOT KEM-KEM DIGITAL, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE
TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise required
by applicable law, neither kem-kem Digital nor its directors,
employees, licensors, content providers, affiliates or other
representatives will be liable for damages of any kind (including,
without limitation, lost profits, direct, indirect, compensatory,
consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability to use,
or the performance of this website or the Content whether
or not we have been advised of the possibility of such damages.
kem-kem Digital uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make
no representations or warranties as to the Content's accuracy,
correctness or reliability.
There may be links to other websites from the kem-kem Digital
website; however, these other websites are not controlled
by kem-kem Digital and we are not responsible for any content
contained on any such website or any loss suffered by you
in relation to your use of such websites. You waive any
and all claims against kem-kem Digital regarding the inclusion
of links to outside websites or your use of those websites.
Additionally, parties other than kem-kem Digital provide
services from this website. For example, you may obtain
information regarding certain artist services through kem-kem
Digital Photo Assignments. kem-kem Digital does not evaluate
or warrant the offerings or services of these parties, and
does not assume any liability for the actions, product,
services, or content of these parties.
Some US states and foreign countries do not permit the
exclusion or limitation of implied warranties or liability
for certain categories of damages. Therefore, some or all
of the limitations above may not apply to you to the extent
they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed
by the laws of the State of Maryland, USA, without reference
to its laws relating to conflicts of law and not including
the provisions of the 1980 United Nations Convention on
Contracts for the International Sale of Goods. Venue for
all disputes arising under this Agreement shall lie exclusively
in the Superior Courts of the State of Maryland in PG County.
Users of this website agree that any and all disputes arising
from the use of this website, or the ordering of materials
from this website, shall be settled by binding arbitration.
Notwithstanding the foregoing, however, kem-kem Digital
shall have the right to commence and prosecute any legal
or equitable action or proceeding before any non-US court
of competent jurisdiction to obtain injunctive or other
relief in the event that, in the opinion of kem-kem Digital,
such action is necessary or desirable.
No Waiver, Severability
No action of kem-kem Digital, other than an express written
waiver or amendment, may be construed as a waiver or amendment
of any of these Terms and Conditions of Use. Should any
clause of these Terms and Conditions of Use be found unenforceable,
wherever possible this will not affect any other clause
and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions
of Use prices, information and available contractual license
terms featured on this website without notice. These conditions
set out the entire agreement between kem-kem Digital and
you relating to your use of this website.
Legal Policy
