|Date of Last Revision: March 15, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "Site Terms") CAREFULLY. BY
ACCESSING OR USING THIS WEB SITE OF DEENIE PACIK dba DEENIE PACIK AT www.deeniepacik.
net (the "Site") YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL TERMS INCORPORATED
BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
These Site Terms apply exclusively to your access to the Site. These Site Terms do not alter in any way
the terms or conditions of any other agreement you may have with the Company, or its parent companies,
subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any
entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's
behalf, and that such entity agrees to indemnify you, the Company, and the Company's licensor(s) for
violations of these Terms.
The Company reserves the right to change any of the terms and conditions contained in the Site Terms
or any policy or guideline of the Site at any time and in its sole discretion. Any changes will be effective
immediately upon posting of the revisions on the Site, and you waive any right you may have to receive
specific notice of such changes. Your continued use of the Site following the posting of changes will
confirm your acceptance of such changes. You should therefore frequently review the Site Terms and
applicable policies to understand the terms and conditions that apply to your use of the Site. If you do
not agree to any amended terms, you must stop using the Site.
personal information of its users.
2. Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site,
including, without limitation, all designs, text, graphics, pictures, information, data, software, sounds,
sound files, video, video files, and files, and the selection and arrangement thereof (collectively, the
"Site Materials") are the proprietary property of the Company or its licensor(s) or users and are protected
by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy
(except where prohibited without a license), and print to hard copy, portions of the Site Materials for your
informational, educational, non-commercial and personal use only. Such license is subject to these Site
Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b)
the collection and use of any product listings, pictures or descriptions; (c) the distribution, public
performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses
of the Site, the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data
gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site,
the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g)
any use of the Site or the Site Materials other than for its/their intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior
written permission of the Company, is strictly prohibited and will terminate the license granted herein.
Such unauthorized use may also violate applicable laws, including without limitation copyright and
trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein,
nothing in these Site Terms will be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable at any time.
DEENIE PACIK is a trademark of Deenie Pacik (the "Artist"), and may not be copied, imitated, or used, in
whole or in part, without the prior written permission of the Artist and/or the Company. Other trademarks,
logos, and product or service names or slogans contained on the Site are trademarks of the Company or
its licensor(s), and may not be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company or the applicable trademark holder. You may not use any metatags or any
other “hidden text” using “DEENIE PACIK” or any name, trademark or product or service name of the Artist
or the Company without prior written permission from the applicable trademark holder. In addition, the
look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the
service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in
whole or in part, without the Company’s prior written permission. All other trademarks, product names and
company names or logos mentioned on the Site are the property of their respective owners. Reference to
any products, services, processes or other information, by trade name, trademark, manufacturer, supplier,
or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by, or any
affiliation with, Company or its licensor(s).
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial
purposes, provided such link does not portray Company or its licensor(s) or any of their respective products
and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that
the linking site does not contain any adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You may not use a logo of the
Company or the Artist logo or other proprietary graphic of the Company or the Artist to link to the Site
without the applicable trademark owner’s express written permission. Further, you may not use, frame or
utilize framing techniques to enclose any trademark or logo or other proprietary information of the
Company or the Artist, including the images found on the Site, the content of any text or the
layout/design of any page or form contained on a page on the Site without the applicable trademark and
content owner’s express written consent. Except as noted above, you are not conveyed any right or
license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary
right of the Company, the Artist, or any third party.
The Company and its licensor(s) make no claim or representation regarding, and accept no responsibility
for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site,
or web sites linking to the Site. Such sites are not under the control of the Company or its licensor(s) and
the Company and its licensor(s) are not responsible for the contents of any linked site or any link
contained in a linked site, or any review, changes or updates to such sites. The Company provides these
links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement,
or adoption by the Company or licensor(s) of any site or any information contained therein. When you
leave the Site, you should be aware that our terms and policies no longer govern. You should review any
applicable terms and policies, including privacy and data gathering practices, of any site to which you
navigate from the Site.
5. Third-Party Content
The Company may provide third-party content on the Site and may provide links to web pages and
content of third parties (collectively, the “Third-Party Content”) as a service to those interested in such
content and information. The Company does not monitor or have any control over any Third-Party
Content or third-party web sites. The Company does not endorse or adopt any Third-Party Content and
can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant
the accuracy of any information contained therein and undertakes no responsibility to update or review
any Third-Party Content. You use such Third-Party Content at your own risk.
You acknowledge and agree that any materials, including without limitation questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the
Site, the Company, the Artist, or the Company's or the Artist's products or services, that are provided by
you in the form of e-mail or other submissions to the Company, the Artist or the Site, are non-confidential
and will become the sole property of the Company. The Company will own, and you hereby assign to the
Company all right, title, and interest in and to (including without limitation all intellectual property rights)
such submissions, and the Company will be entitled to the unrestricted use and dissemination of these
materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to execute any documentation required by the Company (in its sole discretion) to confirm such
assignment to, and unrestricted use and dissemination by, the Company of such submissions.
You agree to defend, indemnify and hold harmless the Company, the Artist and their licensor(s), and their
respective parent companies, subsidiaries, affiliates, independent contractors, service providers, and
consultants, and each of their respective directors, employees, and agents (individually and collectively,
the "Company Parties"), from and against any claims, damages, costs, liabilities and expenses (including,
without limitation, reasonable attorneys' fees) arising out of or related to any actual or threatened suit,
demand, or claim made against the Company and/or any Company Parties arising out of or relating to
your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SITE,
THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN
CONNECTION THEREWITH (the "Services") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. THE COMPANY DOES NOT
REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING
TO PRICING, TEXT OR PHOTOGRAPHY. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR
ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, THE COMPANY CANNOT AND DOES
NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; SO YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO
DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Company reserves the right to change any and all content contained on the Site and any Services
offered through the Site at any time without notice.
9. Limitation of Liability
IN NO EVENT WILL THE COMPANY OR ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER
IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO
USE THE SITE, THE SERVICES, THE CONTENT, THE SITE MATERIALS, OR THE MATERIALS
CONTAINED ON OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY
DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION
OBTAINED FROM COMPANY OR ITS LICENSOR(S), OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. IN NO
EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY OR ITS LICENSOR(S), WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU
PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE.
10. Applicable Law and Venue
These Site Terms and your use of the Site will be governed by and construed in accordance with the
laws of the State of Rhode Island, applicable to agreements made and to be entirely performed within
the State of Rhode Island, without resort to its conflict of law provisions. You agree that any action at law
or in equity arising out of or relating to these Site Terms will be filed only in the state or federal courts
located in Rhode Island, and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, the Company reserves the right, without notice and in its sole
discretion, to terminate your license to use the Site and to block or prevent your future access to and use
of the Site.
If any provision of these Site Terms is be deemed unlawful, void, or for any reason unenforceable, then
that provision will be deemed severable from these Site Terms and will not affect the validity and
enforceability of any remaining provisions.
Questions or comments about the Site may be directed to Company at the e-mail address
email@example.com or by calling us at (401) 919-5969