Content on this Site provided by IDCG or its lLicensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("IDCG Content") is the property of IDCG and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Third Party Content"), such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that provided that content, and is used by IDCG subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
You agree not to download, display or use any IDCG Content or Third Party Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of IDCG, in any other manner that is likely to cause confusion among consumers, that disparages or discredits IDCG and/or its licensors, that dilutes the strength of IDCG's or its licensor's property, or that otherwise infringes IDCG's or its licensor's intellectual property rights. You further agree to in no other way misuse any IDCG Content or Third Party Content that appears on this Site.
You agree to indemnify and hold IDCG, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents.
IDCG makes no representations about the reliability of the features of this Site, the Content, Third Party Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. IDCG makes no representations regarding the amount of time that any Content or Third Party Content will be preserved.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL IDCG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL IDCG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND IDCG'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL IDCG'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Both you and IDCG acknowledge and agree that no partnership is formed and neither of you nor IDCG has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and IDCG, and is accepted by you upon your use of the Site. These Terms constitutes the entire agreement between you and IDCG regarding the use of the Site.
This Agreement will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in New York. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
IDCG shall have the right at any time to change the terms of these Terms, or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
The failure of IDCG to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of IDCG, shall not be deemed a breach of these Terms.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.