Terms and Conditions
This Agreement describes the terms and conditions applicable to your use of our services at avalanche3Dentertainment.com and linked pages (hereinafter, "the Web site"). This page states the terms and conditions (hereinafter, "the Agreement") under which you may use the Web site. By accessing the Web site, you accept and agree to be bound, without limitation or qualification, by this Agreement. If you do not accept any of the terms or conditions stated here, do not use the Web site. avalanche3Dentertainment.com may, in its sole discretion, modify or revise this Agreement at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Agreement.
Section 1. Privacy.
Please review our Privacy Statement at avalanche3Dentertainment.com /privacypolicy.htm, which also governs your visit to our Web site, to understand our practices.
Section 2. Trademark Notice.
avalanche3Dentertainment.com is trademarks or registered trademarks of the avalanche3Dentertainment.com Trust in the United States and other countries.
Introduction to Type is a trademark or registered trademark of the avalanche3Dentertainment.com Trust in the United States and other countries.
All other trademarks not owned by avalanche3Dentertainment.com that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by avalanche3Dentertainment.com .
Section 3. Use of Content.
All content on this Web site, including but not limited to text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks, and other material (collectively, the "Content"), is protected by copyright, trademark, and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by avalanche3Dentertainment.com and content owned or controlled by third parties and licensed to avalanche3Dentertainment.com . Unless as explicitly indicated on the Web site, you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of avalanche3Dentertainment.com .
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
Some Content on or available through this site may have additional restrictions upon its use and all such restrictions form a part of this Agreement.
Section 4. No Warranties.
The Web site and Content are provided on an "as is" basis. avalanche3Dentertainment.com , ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. avalanche3Dentertainment.com , its licensors, and its suppliers make no warranties or representations about the accuracy, reliability, completeness, currentness, or timeliness of the Content or other communications provided on or through the use of the Web site or by avalanche3Dentertainment.com .
avalanche3Dentertainment.com does not warrant that the Web site will operate error-free or that the Web site or its server are free of computer viruses or other harmful items. If your use of the Web site or the Content results in the need for servicing or replacing equipment or data, avalanche3Dentertainment.com is not responsible and shall not be liable for those costs.
SOME OF THE CONTENT ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND avalanche3Dentertainment.com SHALL NOT BE HELD RESPONSIBLE FOR CONTENT SUPPLIED BY ANY SUCH THIRD PARTY.
Section 5. Limitation of Liability/Disclaimer of Damages.
Your use of the Web site is at your own risk. If you are dissatisfied with any of the Content or other materials on the Web site or with this Agreement, or other avalanche3Dentertainment.com terms and policies, your sole remedy is to discontinue use of the Web site.
IN NO EVENT SHALL avalanche3Dentertainment.com , ITS LICENSORS, OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT avalanche3Dentertainment.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 6. Copyright Infringement and Designated Copyright Agent.
avalanche3Dentertainment.com may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web site that infringes the rights of others.
If you believe that your work has been used on the Web site in a manner that constitutes copyright infringement, please provide avalanche3Dentertainment.com 's Designated Copyright Agent with a written notice that includes the following information:
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an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
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a description of where the material that you claim is infringing is located on the Web site;
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identification of the copyrighted work claimed to have been infringed;
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your address, telephone number, and e-mail address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address copyright inquiries and requests to:
Coordinator
avalanche3Dentertainment.com
info@avalanche3Dentertainment.com
Section 7. Links to Other Sites.
The Web site contains links to Web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by avalanche3Dentertainment.com of the contents on such third-party Web sites. avalanche3Dentertainment.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless avalanche3Dentertainment.com , its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of this Agreement. To the extent that you may be located through information which you may provide to avalanche3Dentertainment.com , avalanche3Dentertainment.com shall provide notice to you promptly of any such claim, suit, or proceeding.
Section 9. General.
avalanche3Dentertainment.com is based in New Port Beach, California, in the United States of America. avalanche3Dentertainment.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
All legal issues arising from or related to the use of the Web site shall be construed in accordance with and determined by the laws of the State of California. By using this Web site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web site is the United States District Court for the Northern District of California and, in the event that this court does not have jurisdiction, then the Eighth Judicial Circuit of California, Alachua County. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "legal notice" on the Web site, this Agreement constitutes the entire Agreement between you and avalanche3Dentertainment.com with respect to the use of the Web site. Any changes to this Agreement must be made in writing, and either signed by an authorized representative of avalanche3Dentertainment.com or posted to the Web site by avalanche3Dentertainment.com .