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1 Using our Dansarosa.com Services and Website:
1.1 ELIGIBILITY CHILDREN UNDER 18.
Dansarosa.com will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
1.2 Definitions and Interpretation
Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by Piki Print
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.
2 User's Obligations
2.1 Restrictions on Users
Users shall not and has no right to either:
reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service; access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
3. Dansarosa.com Obligations
User acknowledges that Dansarosa.com has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
3.4 Modification of the Website.
Dansarosa.com reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Dansarosa.com shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
4. Intellectual Property Rights
4.1 Reservation of title
4.2 Prohibition on infringement
User acknowledges and agrees that Dansarosa.com does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
4.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Dansarosa.com an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dansarosa.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dansarosa.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6.1 Users warranties
User represents and warrants to Dansarosa.com that, in its use of the Website and the Services provided, it:
will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Dansarosa.com that: there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user; Dansarosa.com will not be required to make any payments or compensation to any person in connection with its use of such content; and such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
6.2 Dansarosa.coms warranties
Dansarosa.com does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Dansarosa.com is not liable.
Dansarosa.com does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
6.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Dansarosa.com, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
6.5 No representation or reliance
7. Exclusion and Limitation of Liability
7.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
7.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
any third party; actions of user that were not expressly authorised by Dansarosa.com; accident, misuse or abuse by anyone other than Dansarosa.com; alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Dansarosa.com; products (including any hardware or software) or services not licensed or supplied by Dansarosa.com; power surge or failure, events of force majeure or events outside Dansarosa.coms actual control; or any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Dansarosa.com has been advised of the possibility of any particular loss or damage.
Dansarosa.com may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Dansarosa.com is not responsible for the operation of or content located on any such website, and Dansarosa.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Dansarosa.com for any damages or losses of any kind arising from the other website and/or the link.
7.4 Limitation of liability
8.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.