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This Agreement between you and CartoonLink.com and affiliated websites is effective immediately upon receipt by you, and may be amended at any time by CartoonLink posting the amended terms on its site. The amended terms shall be posted by CartoonLink and shall automatically be effective 10 days after they are initially posted on our site. This Agreement may not otherwise be amended, except in writing consented to by both parties. 1.1 Definitions: Unless otherwise indicated in this Agreement, the following terms shall be defined for the purposes of this Agreement as follows: (a) Business Day means a day (excluding Saturdays) on which banks are open for business in Washington State, USA; (b) CartoonLink.com means the website activities on this and affiliated websites governed by the CartoonLink User Agreement; (c) CartoonLink means StuHeinecke.com, Inc., a company incorporated under the laws of Washington State; (d) "us" and "we" means StuHeinecke.com, Inc. and any subsidiary, employee, agent, or representative thereof; and (e) "you" means a user of CartoonLink.com services. 1.2 Eligibility for Membership: Our services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of 18. If you do not qualify, please do not use our services. 1.3 CartoonLink.com Use: CartoonLink agrees to permit you to use CartoonLink.com during the term of this Agreement in order to use our cartoon artwork in your private communications. You may not, without the prior written consent of CartoonLink, use our cartoon artwork for any commercial purposes, including but not limited to, advertising, trade shows, direct mail, e-mail advertising or sales promotion. All such rules and procedures shall be subject to modification, at the sole discretion of CartoonLink, at any time during the term of this Agreement. 1.4 Change in Services: We may, in our sole discretion, add, delete or change some or all of our services at any time. 1.5 System Integrity: You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the CartoonLink.com or any activities being conducted on our site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. 1.6 Privacy: It is our belief that you should understand how we use the information you provide and furthermore that you should have the right to approve the use of that information. In the handling of your information, we follow a policy of "informed consent", that is to say: In using the varied features of this web site, you may provide information (such as name, contact information, or other registration information) to CartoonLink, service providers, or other business you contact. CartoonLink and these entities may use this information and technical information about your use of this web site to tailor their presentations to you, facilitate your movement through this web site, or communicate separately with you. We will not provide information to companies you have not interacted with, and we prohibit the companies that get such information from selling and redistributing it without your prior permission. We intend this policy to reduce uninvited use of your personal information. If, however, you do not want to receive any future communications from CartoonLink, please contact us by email at "info@CartoonLink.com" and we will do our best to avoid such communications. 1.7 Your Information: Your information includes any information you provide to us or other users during the registration or in any public message area or through any email feature (collectively "Your Information"). With respect to Your Information: (a) You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe that it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other Suppliers. (b) Your Information: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation; (c) shall not be defamatory, trade libellous or unlawfully threatening; and (d) shall not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. (c) Solely to enable CartoonLink to use Your Information you supply to us, so that we are not violating any rights you may have in that information, you agree to grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights, but no other rights, you have in Your Information, in any media now known or not currently known, with respect to Your Information. CartoonLink will only use Your Information in accordance with our Privacy Policy. 1.8 LIMIT OF LIABILITY: YOU UNDERSTAND AND AGREE THAT THE USE OF THE CARTOONLINK.COM SYSTEM IS AT YOUR OWN RISK AND THAT STUHEINECKE.COM, INC. 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IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT. 1.9 General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service. 1.10 Intellectual Property Rights: You recognize and agree that you have no rights in or to, the whole, or any part of, the trade names "CartoonLink", "StuHeinecke.com, Inc." or "CartoonLink.com" or to any of the CartoonLink.com components or processes and you will not, except as otherwise permitted by this Agreement while it is in effect, disclose, make use of or otherwise infringe upon the intellectual property or any derivatives thereof, it being specifically understood that the intellectual property is owned solely and exclusively by CartoonLink. You agree that upon any violation of this covenant, CartoonLink shall suffer irreparable harm and shall be entitled to injunctive relief against any further violation, in addition to any other damages to which CartoonLink may be entitled. This covenant is independent of any other covenant, term or condition of this Agreement and shall survive the expiration or termination of this Agreement, it being understood that but for the giving of this covenant, CartoonLink would not have entered into this Agreement. 1.11 Notices: Except as explicitly stated otherwise, any notices shall be given by email to "info@CartoonLink.com" (in the case of CartoonLink) or to the email address you provided during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. 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You also agree to hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with any errors, malfunctions or defects in connection with the CartoonLink.com system. 1.13 Force Majeure: CartoonLink shall not be responsible in any manner for any loss or damage occurring as a result of forces beyond its control, including, without limitation, any act of God, natural catastrophe, war, pestilence, labour dispute, telecommunications disruption, or any other matter, cause or thing which such parties do not directly control. 1.14 Termination: Either party, upon 10 days written notice to the other party may terminate this Agreement without cause. This Agreement may be terminated immediately by us, without notice, if you fail to comply with this Agreement in a material way. This Agreement may also be terminated immediately by us if CartoonLink discontinues operation of the CartoonLink.com. 1.15 Assignment: You may not assign, in whole or in part, any of your rights or obligations under this Agreement, without the written consent of CartoonLink. 1.16 Legal Fees: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, or any of the provisions hereof, the prevailing party therein shall be entitled to recover from the non-prevailing party, in addition to any other relief to which such prevailing party may be entitled, reasonable legal fees, costs and necessary disbursements. 1.17 Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Washington, United States of America. 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