Terms of Use

Except as otherwise provided in a written agreement signed by Bonestell LLC ("Company"), these Terms of Use represent the entire understanding between you and Company regarding your use of www.bonestell.org (the "Site") and your submission of any materials to us. Company is providing you access to the Site subject to these Terms of Use and the bonestell.org Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Company reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Personal and Non-Commercial Use Only

Unless otherwise specified in writing by Company, the Site is available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that the Company may establish general practices and limits concerning use of the Site. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.

Disclaimer

ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Company. Company provides these links solely as a convenience. The appearance of a link does not imply Company's endorsement, nor is Company responsible for the content on any linked site. These Terms of Use and the Privacy Policy are applicable only when you are on the Site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website.

YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR ANY ASPECT OF ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

Eligibility

You must be 18 years or older to use the Site.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Company controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

Submissions

Company accepts inquiries regarding licensing of images through the Site. However, Company does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

Except as otherwise agreed to by Company in writing, all requests, information, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Company, using the Site or otherwise, (collectively, "Submissions") will not be treated as confidential or proprietary and Company will have no nondisclosure obligations or use prohibitions related to the Submissions. Company does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of Company's businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Any such Submission is deemed to be non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Submission. Company reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in Company's sole discretion.

No Unlawful or Prohibited Use

You warrant that you will not use the Site or any of the content obtained from the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any Company server or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of the Site. Without limitation, you agree not to: (i) use the Site in any manner that could damage, disable, overburden or impair any Company server or the network(s) connected to any Company server, or interfere with any other party's use and enjoyment of the Site; (ii) attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means; (iii) submit information that is illegal, obscene, threatening, defamatory, invasive of privacy, harmful, abusive, harassing, defamatory, pornographic, offensive, or promotes bigotry or racism; (iv) falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (v) disguise the origin of any information transmitted through the Site; (vi) submit any ideas, information, or other content that infringes another's intellectual property rights; (vii) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, or political campaigning; (viii) transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or interfere with or disrupt this Site or any servers or networks connected to the Site; (ix) reverse engineer, decompile or disassemble any of the software used to provide the Site; or (x) obtain, collect, store or modify the personal information about other users. In addition to any remedies that we may have at law or equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site.

Release

You release and discharge Company, its affiliates and their respective officers, directors, shareholders, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, related to, or arising out of your use of the Site. You knowingly and voluntarily waive any protection that you might have under Section 1542 of the California Civil Code as well as any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Indemnity

You will indemnify, defend and hold harmless Company, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.

General Proprietary Rights

The Site is owned by Company and contains material that is derived in whole or in part from Company and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Company's express written permission.

Copyright

All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Company, or Company's content suppliers and licensors, and are protected by U.S. and international copyright laws. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines.

Digital Millennium Copyright Act ("DMCA") Notice

Company respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Company's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the Site in a way that may constitute copyright infringement, please provide notice to the Company's Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's Designated Agent for receiving notices of copyright infringement may be reached at the following:

Copyright Agent for Claims, Legal Department
Bonestell LLC
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000


Applicable Law

Company operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

JURY TRIAL WAIVER.
YOU AND COMPANY WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND COMPANY.

CLASS ACTION WAIVER.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND COMPANY MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION

Termination

These Terms of Use shall remain in force until terminated by Company. Company may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Company, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

All rights not expressly granted herein are reserved.


Last updated: May 27, 2014