Legal Notices

Digitalsmiths Terms of Service for Your Personal Use

By using Digitalsmiths web site ("Digitalsmiths Web Site"), you agree to be bound by the following terms and conditions (the "Terms of Service").

Personal Use Only

The Digitalsmiths Web Site is made available for your personal, non-commercial use only. You may not use the Digitalsmiths Web Site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not mirror the Digitalsmiths home page or other pages on your Web site. If you want to make commercial use of the Digitalsmiths Web Site, you must enter into an agreement with Digitalsmiths to do so in advance. Please contact us for more information.

Privacy Policy

Click here to review the Digitalsmiths Privacy Policy.

Changes In Terms and Conditions and Digitalsmiths Web Site

We
may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate with or without
notice, without liability to you, any other user or any third party. We
reserve the right to modify these Terms of Service from time to time
without notice. Please review these Terms of Service from time to time
so that you will be apprised of any changes.

Intellectual Property Policy

It
is our policy to respond to notices of alleged infringement that comply
with the Digital Millennium Copyright Act. For directions and more
information, please click here.

Disclaimer of Warranties

Digitalsmiths
disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or
availability of information or material displayed in the DIGITALSMITHS
WEB SITE results. Digitalsmiths disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any
information or material. Digitalsmiths disclaims any responsibility for
any harm resulting from downloading or accessing any information or
material on the Internet through the DIGITALSMITHS WEB SITE.

THE
DIGITALSMITHS WEB SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND
SERVICES INCLUDED IN THE DIGITALSMITHS WEB SITE ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. DIGITALSMITHS AND ITS LICENSORS
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DIGITALSMITHS AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE DIGITALSMITHS WEB SITE.
DIGITALSMITHS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY
INFORMATION OR ADVICE OBTAINED THROUGH THE DIGITALSMITHS WEB SITE.
DIGITALSMITHS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE DIGITALSMITHS WEB SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED BY THE DIGITALSMITHS WEB SITE, AS
WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
PROVIDED IN THE DIGITALSMITHS WEB SITE.

YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH
THE USE OF THE DIGITALSMITHS WEB SITE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER
NO CIRCUMSTANCES SHALL DIGITALSMITHS OR ITS LICENSORS BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE
DIGITALSMITHS WEB SITE. ARISING FROM ANY CLAIM RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, (EVEN IF DIGITALSMITHS OR ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON
THE DIGITALSMITHS WEB SITE, FROM INABILITY TO USE THE DIGITALSMITHS WEB
SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
DIGITALSMITHS WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE DIGITALSMITHS WEB SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE DIGITALSMITHS WEB SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE
DIGITALSMITHS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
DIGITALSMITHS WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE
DIGITALSMITHS WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DIGITALSMITHS WEB SITE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without
limiting the foregoing, under no circumstances shall Digitalsmiths or
its licensors be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes
beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.

Miscellaneous Provisions

These
Terms of Service will be governed by and construed in accordance with
the laws of the State of South Carolina, without giving effect to its
conflict of laws provisions or your actual state or country of
residence. If for any reason a court of competent jurisdiction finds
any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and
effect.

These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter hereof
and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any
waiver of any provision of the Terms of Service will be effective only
if in writing and signed by Digitalsmiths.