(1) The purpose of this Website is to provide a service to enable:
• registered users (Members) to purchase and download Vector images, graphics, icons and illustrations (Content); and
• registered users who provide Content to The Cartoon Express® (Artists) to upload, sell and market Content to The Cartoon Express® Members.
(2) We are not responsible for the quality, suitability, safety or availability of any of the Content provided by the Artists.
(3) We are not responsible for any materials or information on any website that is linked to our Website (including any content or information on any website of any Member or Artist), as we have no control over such websites. We include such links for your convenience and you should not consider such linking as an endorsement by us of any business, product, service or information on those websites.
(4) You will be responsible for your use of any information on our Website or on any website linked to our Website. You should make your own investigations as to the quality and usefulness of all such information.
Intellectual Property Rights
(5) You acknowledge and agree that:
• the Content displayed or available on our Website is of significant commercial value to us and the Artists who supply that Content;
• all rights, including copyright and other intellectual property rights, in the Website, the Content and the other materials displayed on the Website (Materials), are owned by, or licensed to, us and the Artists (as applicable); and
(6) You may use the Website to browse Content and use the information made available on the Website, provided that you do not:
• copy any of the Content or Materials, unless you are a Member and are permitted to do so under the The Cartoon Express® Membership and Content License Agreement;
• compile or extract Materials or Content from this Website for the purpose of making such Materials or Content available to others (whether as a directory or otherwise) whether for a profit, fee or other consideration; or
• use any trade mark in a manner that is reasonably considered by us, or our licensors, to be a misuse or misappropriation of that trade mark.
Take Down Policy
(8) We may delete or remove access to Content in accordance with our Take Down Policy. If you consider that any Content is infringing your copyright or other intellectual property rights, please refer to our Take Down Policy.
(9) You must not attempt to:
• damage, interfere with or harm our Website, or any network or system underlying or connected to our Website, in any way whatsoever;
• amend or modify any information contained on our Website, unless you are expressly permitted by us to do so; or
• reverse engineer or decompile our Website or any software comprising or underlying our Website.
Changes to Website and Content
(10) We may edit or change the Website or edit, change or delete any Content from the Website at any time.
Warranties and Liability
(14) Without limiting the above, we do not warrant that our Website or any services provided by us will be available at all times, secure or error-free.
(15) While we have made reasonable efforts to correctly categorize and keyword the Content, we do not warrant the accuracy of such information.
(16) To the extent permitted by law, we will not be liable to you (whether in contract, tort including negligence, or otherwise) in relation to your use of our Website or any services or Materials provided by us, including for any direct damages or losses and any indirect, special, incidental or consequential damages or losses (including, without limitation, loss of business, loss of profits or revenue, anticipated savings, data loss or corruption, losses caused by interruption, damage to reputation or goodwill).
(17) To the extent permitted by applicable law, in no event will we be liable (whether in contract, tort including negligence, or otherwise) to you for:
• Loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss caused by interruption, loss or corruption of data or wasted management or staff time; or
• Loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,
(18) Where applicable laws do not allow warranties to be excluded or liability limited, some of the above disclaimers and limitations may not apply to you and you may have additional rights. None of the exclusions or limitations in this Agreement will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.