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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Blackstone Marketing. These works are designated copyright 2003 - 2009, Blackstone Marketing, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print written content of this site solely to facilitate your ability
to place an order with Fractallicious or to purchase its products.
The images available for download from this site are copyright 2003 - 2009, Blackstone Marketing ALL RIGHTS RESERVED. Their use is subject to terms and conditions spelled out in the licensing agreement that you sign. Terms will vary depending upon the image licensed and its planned use.
Under no circumstances may you display, print, or download image
thumbnails and previews for any use whatsoever. If you require an image for comping, please contact us. Any other use, including
but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized in writing by Fractallicious or Blackstone Marketing. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Blackstone Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Blackstone Marketing does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Blackstone Marketing does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither Blackstone Marketing nor Fractallicious.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Blackstone Marketing and/or Fractallicious.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Blackstone Marketing without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Blackstone Marketing may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fractallicious.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fractallicious.com products) must be commenced within one (1) year after the claim or cause of action arises. Blackstone Marketing and/or Fractallicious.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Blackstone Marketing may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification
You agree to indemnify, defend, and hold harmless Fractallicious Digital Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fractallicious Digital Designs may link to sites operated by third parties. However, even if the third party is affiliated with Fractallicious Digital Designs, Fractallicious Digital Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fractallicious Digital Designs. These linked sites are only for your convenience and therefore you access them at your own risk.
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