The following terms and conditions ("Terms and Conditions"), including Donovan Industries, Inc. Privacy Policy and Terms of Use, govern the use by you of Donovan Industries, Inc. web site content. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Donovan Industries, Inc. web site (collectively, "Information"). BY SIGNING ON AND DOWNLOADING IMAGES from the Donovan Industries, Inc. WEB SITE YOU SPECIFICALLY AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND ANY MODIFICATIONS THERE TO.
The trademarks and logos displayed on the Donovan Industries, Inc. web site are the property of Donovan Industries, Inc, its affiliates or other third parties, which may own the marks. By submitting this agreement, you are permitted to use the trademarks of Donovan Industries, Inc., its affiliates or other third party affiliates. You must use the marks in the exact same manner in which they are provided to you.
- Uses Permitted. You may download or copy the information for commercial use as described in this agreement, provided that you maintain and include all copyright and other notices contained in the information. You may not modify, transfer, sell, create derivative works from, display or in any way exploit any of the information in whole, or in part, except as otherwise expressly permitted.
- Managing Content. Donovan Industries, Inc. does not and can not review all of the information posted by users in their respective marketing campaigns and is not responsible for such information. You shall remain solely responsible for all information posted by you/your company. Donovan Industries, Inc. shall have the right, but not the obligation, to contact your company to correct any errors or omissions in any information, as it may determine in its sole discretion. If your company chooses, it may send the marketing campaign material to Donovan Industries, Inc. to review before dissemination. However, such action will not in any way imply approval or acceptance of any statements included in your material unless specifically addressed in writing.
- User's Obligation to Abide By Applicable Law. You should assume that everything you see or read on the site is copyrighted material unless it is stated otherwise, and that nothing may be used except as provided in these Terms and Conditions or in the text on the site. You shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, abusive, harassing or threatening, and copyright or trademark infringement ("Applicable Law"). The Information available on the Donovan Industries, Inc. web site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, videos and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. Donovan Industries, Inc. does not warrant or represent to you that your use of materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with Donovan Industries, Inc..
- Disclaimer of Warranties. Donovan Industries, Inc. is provided on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, or implied warranties for any particular purpose. Donovan Industries, Inc. does not warrant that any information is complete or accurate, that the web site will be uninterrupted or error free or that any information is free of viruses, trojan horses, worms or other rogue programming.
- Limitation of Damages. Under no circumstances, including negligence, shall Donovan Industries, Inc. be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use Donovan Industries, Inc. web site, including, without limitation, use of or reliance on information available on Donovan Industries, Inc. web site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
- Release and Indemnity. You hereby release and waive any and all claims and/or liability against Donovan Industries, Inc. arising from or in connection with your use of Donovan Industries, Inc. web site. You also agree to defend, indemnify and hold harmless, Donovan Industries, Inc., from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of Donovan Industries, Inc. web site or failure to abide by applicable law.
- Modifications. These rules may be modified by Donovan Industries, Inc. from time to time and such modifications will be binding on you when placed online.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.