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Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Ambient Dimension, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.AmbientDimension.com as well as all elements, software, programs and code forming or incorporated in to www.AmbientDimension.com (the "Service"). Ambient Dimension is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Ambient Dimension website (the "Site"). If you choose to register as a member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
This Service is provided by Ambient Dimension on an "AS IS" and "AS AVAILABLE" basis and Ambient Dimension reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Ambient Dimension is and will not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify Ambient Dimension or third parties and their products and services are proprietary marks of Ambient Dimension and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Ambient Dimension or any third party with respect to any such image, logo or name.
Ambient Dimension is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Ambient Dimension are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Ambient Dimension or the appropriate owner of copyright in such works. Ambient Dimension does not claim ownership rights in your works or other materials posted by you to Ambient Dimension (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
Ambient Dimension respects the intellectual property rights of others and expects users of the Service to do the same. At Ambient Dimension's discretion and in appropriate circumstances, Ambient Dimension may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Ambient Dimension's agent for notice of claims of copyright infringement, Daniel Sowers who can be reached through abuse@AmbientDimension.com. You must provide our agent with substantially the following information, which Ambient Dimension may then forward to the alleged infringer:
Please see Ambient Dimension's Copyright Policy for further information and details.
Ambient Dimension may provide links to third-party websites or resources. You acknowledge and agree that Ambient Dimension is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ambient Dimension of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Ambient Dimension be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Ambient Dimension that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Ambient Dimension does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Ambient Dimension, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
AMBIENT DIMENSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. AMBIENT DIMENSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. AMBIENT DIMENSION MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT AMBIENT DIMENSION IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, AMBIENT DIMENSION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF AMBIENT DIMENSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AMBIENT DIMENSION'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO AMBIENT DIMENSION PURSUANT TO THIS AGREEMENT.
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Ambient Dimension for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between Ambient Dimension and you with respect to your use of the Service. Ambient Dimension's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Ambient Dimension shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Ambient Dimension. These Terms shall be governed by and construed in accordance with the laws of Canada. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the federal courts of Canada.
If you have any comments or questions about the Service please contact us by email at webmaster@AmbientDimension.com.
To register as a member of the Service, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Ambient Dimension of any unauthorized use of your password.
Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
Ambient Dimension does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Ambient Dimension a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Ambient Dimension any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
Ambient Dimension has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
At this time, Ambient Dimension provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Ambient Dimension may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Ambient Dimension's servers. Furthermore, you acknowledge that Ambient Dimension reserves the right to terminate or suspend accounts that are inactive, in Ambient Dimension's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Ambient Dimension shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Ambient Dimension reserves the right to modify its storage policies from time to time, with or without notice to you.
You agree to be subject to and to conduct yourself in accordance with the Ambient Dimension Etiquette Policy (as defined in section 20). You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to Ambient Dimension's Copyright Policy for further details.
You agree not to use the Service:
We must require that you refrain from comments which are racist, bigoted, sexist, or which otherwise offensicely target a philosophy, sexual preference or religion. We also ask that our members avoid making comments which are intended to be a direct insult to an individual, group or genre of artwork. hate propoganda is met with zero tolerance. Comments which are overly aggressive, personally insulting or abusive are also prohibited.
If you feel that you have been the target of harassment, personal insults or other severe behavior please notify the staff by using the official deviantART helpdesk. Please be aware that the staff will only directly intervene in cases which are considered severe; minor situations may be dealt with using tools made available to all registered members.
While Ambient Dimension does allow what would be classified as pornographic art, we do not allow anything that could be construed as child pornography. Anything found to violate this is removed immediately. Repeated posting of such works will result in suspension, and potential banning. In addition, local authorites may be contacted in regards to this. In 2002, the U.S. Supreme Court struck down a ban on computer-generated child pornography, but this does not apply to Ambient Dimension, as our servers are in Canada. In addition, the administration of Ambient Dimension would like to keep this from our servers.
When posting art that is pornographic or something that others may find obscene, please ensure that you have tagged it properly. If you do not see any mature content tags when submitting an image, your viewing settings should be set to a more mature setting in order to see them. If you could not see the image with your current settings, you should not be posting it.
You agree that Ambient Dimension may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Ambient Dimension Site, in Ambient Dimension's sole discretion, if you fail to comply with the Terms or applicable law.
Revised June 24, 2012