Feel free to use Bagutta.com content in
commercial or noncommercial projects to
create web pages, T-shirts, posters, book
covers, art, advertising, newsletters, presentations,
logos ... you name it! But do not redistribute or resell our graphics.
There
are no per-image costs, royalties, or extra
payments for Bagutta.com 's content when
you follow the Usage Guidelines below. We
make it easy for you to use our files for
virtually any purpose -- except to compete
with us.
Usage
Guidelines
Many
clip art images, web art images,
and buttons (the "Content") contained
herein are either licensed from or owned
by us. In utilizing this
site you are permitted to use, modify, and
publish the content subject to the following
restrictions.
You
are permitted to use the Content, including
online use and multimedia applications,
as long as all of the following conditions
are met:
The
images are incorporated for viewing purposes
only.
The images do not comprise a large portion
of the content of the application.
Your web pages and your clients' web pages
do not give permission to download and save
the images for any reason.
The application is not a product which is
similar to or competes with any of the features
of any BAGUTTA.COM, Inc. (www.BAGUTTA.COM)
or DEWA Network. (www.dewa.com) product.
You are not permitted to...
Your
username and password are for your personal
use only. Anyone found to share or distribute
their username and password will have their
membership terminated immediately.
Your use of this
website means you agree to the following
terms of use (the "Terms of Use").
If you do not agree with these terms you
should leave this website (the "Site")
immediately, not use the files herein, and/or
not subscribe to this service.
This
site is owned and operated by BAGUTTA.COM,
INC., a wholly owned subsidiary of IMSI
Inc. ("BAGUTTA.COM, INC."), which
owns or licenses all the material on this
site.
Any
Content downloaded by you from this Site,
including, without limitation, any files,
images incorporated in or generated by the
software, and data accompanying the software
(collectively, the "Content")
is licensed to you by BAGUTTA.COM, INC.
Downloading the Content does not transfer
title to the Content, or any intellectual
property rights therein, to you. You may
not redistribute or sell the content.
This
website contains copyrighted animations,
photographs, images, videos, text, music,
and sounds (collectively the "Content").
It is illegal to duplicate, download or
distribute any Content from this Site except
for your use, and you are subject to the
Usage Guidelines. You may not use photos
or images of people or identifiable entities
in any manner that suggests the endorsement
or association of any product or service
or in connection with any pornographic or
immoral materials.
The
design or layout of this website or associated
websites: www.BAGUTTA.COM or any other website
owned, operated, licensed, or controlled
by BAGUTTA.COM, INC., is protected by United
States and International law and other intellectual
property proprietary rights and may not
be copied or imitated in whole or in part.
LIMITATION
OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED
IN THE END USER LICENSE AGREEMENT THAT COMES
WITH THE SOFTWARE, BAGUTTA.COM, INC. MAKES
NO REPRESENTATION OR WARRANTY WITH RESPECT
TO ANY PRODUCT OR THE RELATED DOCUMENTATION
AND TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW THE SITE IS DELIVERED "AS IS."
THE WARRANTY STATED HEREIN IS EXPRESSLY
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY,
CORRECTNESS, RELIABILITY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT,
AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY
MADE BY BAGUTTA.COM, INC. WITH RESPECT TO
THE SITE, CONTENT, AND SOFTWARE.
BAGUTTA.COM,
INC. DOES NOT WARRANT THAT THE CONTENT OR
FUNCTIONS CONTAINED IN THE SITE WILL BE
FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS,
DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS,
OR THAT BAGUTTA.COM, INC. WILL CORRECT ANY
ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME
THE COST OF SERVICE, REPAIRS, OR CORRECTIONS
TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO
EVENT WILL BAGUTTA.COM, INC. OR ANY OF ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF BAGUTTA.COM, INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL LIABILITY OF BAGUTTA.COM, INC.
OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING OR USING THIS SITE, OR PURCHASING
OR DOWNLOADING PRODUCTS FROM THIS SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT
AVAILABILITY
Products, services, and programs in this
publication may not be available in your
country. References to any product, service,
or program do not imply that BAGUTTA.COM,
INC. intends to make available such products,
services, or programs in your country.
UNITED
STATES GOVERNMENT EXPORT CONTROLS
Software from this Site is subject to United
States export controls. No software from
this site may be downloaded or otherwise
exported or re-exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or
the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the
Software, you represent and warrant that
you are not located in, under the control
of, or a national or resident of any such
country or on any such list.
LINKS
TO THIRD PARTY SITES.
BAGUTTA.COM, INC. PROVIDES LINKS TO THIRD-PARTY
SITES AS A CONVENIENCE TO YOU. BAGUTTA.COM,
INC. DOES NOT CONTROL THIRD PARTY SITES
OR LINKS TO THIRD PARTY SITES. BAGUTTA.COM,
INC. IS NOT RESPONSIBLE FOR THE CONTENT
OF ANY LINKED SITES. LINKS TO THIRD-PARTY
SITES ARE NOT ENDORSEMENTS BY BAGUTTA.COM,
INC. OF SUCH SITES.
OTHER
LEGAL INFORMATION
These Terms of Use shall be governed by
and construed in accordance with the laws
of California, U.S.A. These Terms of Use
contain the entire understanding of the
parties hereto relating to the use of this
Site and supersedes any prior written or
oral agreement or understandings between
the parties with respect to this Site, and
cannot be changed or terminated orally.
The invalidity or unenforceability of any
provision of these Terms of Use will not
affect the validity or enforceability of
any other provision of these Terms of Use.
BAGUTTA.COM, INC. reserves the right to
terminate these Terms of Use without notice
if, in BAGUTTA.COM, Incorporated's sole
discretion, you fail to comply with any
of these Terms of Use. Upon termination,
you must destroy all materials obtained
from this site, copies, and related documentation
thereof. In addition, BAGUTTA.COM, INC.
reserves the right to terminate this site
without notice.
Bagutta.com
is a registered trademark of BAGUTTA.COM,
INC. All product names are either trademarks
or registered trademarks of BAGUTTA.COM,
INC., or its affiliates or licensors. All
rights reserved. Microsoft, Windows, and
the Windows logo are registered trademarks
of the Microsoft Corporation. Macintosh,
Apple, and the Macintosh logo are registered
trademarks of Apple Computer, Inc.
ALL
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED.
By activating a
Bagutta.com membership, you agree to comply
with Bagutta.com 's Terms of Service. If
any third party brings a claim, lawsuit,
or other proceeding against Bagutta.com
based on your conduct or use of Bagutta.com
materials, you agree to compensate Bagutta.com
(including its officers, directors, employees,
and agents) for any and all losses, liabilities,
damages, or expenses, including attorney's
fees, incurred by Bagutta.com in connection
with any such claim, lawsuit, or proceeding.
Bagutta.com is the final arbiter of how
one IS and IS NOT allowed to use our images.
Further, Bagutta.com reserves the right
to modify or remove anything submitted to
Bagutta.com , and to cancel any membership,
at any time for any reason, without prior
notice. Bagutta.com is not obliged to maintain
backup copies of any material submitted
to us. Actions or activities that may cause
termination of your membership include,
but are not limited to:
Using in the registration
of your Bagutta.com membership an email
account that is not your own or that is
or becomes inactive.
Requesting a chargeback, or otherwise causing
payment for a Bagutta.com membership to
be stopped or rescinded (this is obviously
not applicable to any "free" or
"trial" memberships).
BAGUTTA.COM, Inc. reserves the right to
monitor and to investigate any complaints
regarding the use of any Bagutta.com images,
and to take appropriate action if it finds
violations of these Terms of Service.
USE OF CUSTOMER INFORMATION
The customer information that you submit
to Bagutta.com remains your property, but
by submitting that information to Bagutta.com
you grant Bagutta.com the right to use that
information for internal marketing to members.
We do not sell your name without your consent.
In addition, Bagutta.com reserves the right
to release current or past member information
in the event Bagutta.com believes that the
membership is being or has been used in
violation of the Terms of Service or to
commit unlawful acts, if the information
is subpoenaed, or when Bagutta.com deems
it necessary or appropriate. By agreeing
to the conditions of these Terms of Service,
you hereby consent to disclosure of any
record or communication to any third party
when Bagutta.com , in its sole discretion,
determines the disclosure to be appropriate.
"AS-IS, WHERE-IS"
Your use of Bagutta.com 's services are
at your sole risk. All Bagutta.com services
are provided on an "AS IS" basis
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions
do not allow the exclusion of implied warranties,
so this exclusion may not apply to you in
full.
Bagutta.com makes no guarantee
of availability of service and reserves
the right to change, withdraw, suspend,
or discontinue any functionality or feature
of the Bagutta.com service. IN NO EVENT
WILL Bagutta.com BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE Bagutta.com 'S SERVICES OR ANY CONTENT
THEREON FOR ANY REASON INCLUDING, WITHOUT
LIMITATION, Bagutta.com 'S REMOVAL OR DELETION
OF ANY MATERIALS OR RECORDS SUBMITTED OR
POSTED ON Bagutta.com 'S SITE FOR ANY REASON.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH
OF CONTRACT, TORT, OR OTHERWISE, CAUSED;
ANY FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DELETION; DEFECT; DELAY IN
OPERATION OR TRANSMISSION; COMPUTER VIRUS;
FILE CORRUPTION; COMMUNICATION FAILURE;
NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF ANY RECORD.
The formation, construction,
and interpretation of this agreement shall
be controlled by the laws of the State of
California, U.S.A, as such law applies to
agreements between California residents
entered into and to be performed within
California. The U.N. Convention of Contracts
for the International Sale of Goods is expressly
excluded from any interpretation of this
Agreement. Any dispute relating to this
agreement shall be subject to the exclusive
jurisdiction of the state and federal courts
in the State of California, U.S.A., and
the parties agree to submit to the personal
and exclusive jurisdiction and venue of
these courts.
Bagutta.com reserves the
right to change or amend these Terms of
Service at any time without prior notice.
By activating an Bagutta.com membership
(paid, free, trial, or otherwise), you signify
your agreement to these Terms of Service.
This is the website
of Bagutta.com . When a consumer visits
our web pages, our web server automatically
recognizes only the user's domain name,
and not his or her email address (where
possible). We collect only the domain names,
and not the email addresses of visitors
to our web pages.
The email addresses of
those who communicate with us via email
are gathered only if they are volunteered
by the consumer, such as via survey and/or
site registration. The information we collect
is used to improve the content of our website,
customize the content and/or layout of our
web pages, notify consumers about updates
to our website, or contact consumers for
marketing purposes. We will not share your
email address with other organizations for
commercial purposes without your consent.
If you supply us with
your postal address online you may receive
mailings from other reputable companies.
We will not share your phone number. You
can, however, have your name and address
put on our do-not-share list by sending
email to us or simply unchecking the box
in your "Account" area. If you
provide us with your exact name and mailing
address, we will make sure your name is
removed from the list.
Persons who supply us
with their telephone numbers online may
receive telephone contact from us regarding
orders they have placed online. They also
may receive telephone contact from us regarding
new products and services or upcoming events.
If you do not wish to receive such telephone
calls, please let us know by sending email
to us or by unchecking the box giving us
permission under "Account." Please
provide us with your exact name, mailing
address, and phone number.
Bagutta.com will
periodically collect demographic and interest
category information from users via surveys.
Bagutta.com members may voluntarily provide
information, including that regarding personal
preferences, interests, geography, and demographics.
The purpose of this data collection is to
ensure that Bagutta.com members receive
only the most relevant, targeted offers
and information.
Bagutta.com is not
responsible for the use of Bagutta.com images
by Bagutta.com members in any web pages,
periodicals, or other documents. The opinions
and views expressed by Bagutta.com 's members
or visitors do not necessarily represent
those of Bagutta.com , and Bagutta.com does
not verify, endorse, or vouch for the content
of pages or documents created by Bagutta.com
members.
Further, Bagutta.com is
not responsible for the delivery or quality
of any goods or services sold or advertised
through or on Bagutta.com members' page(s).
If you believe that any of the visual content
provided by Bagutta.com violates your proprietary
rights, including copyrights, please contact
the Bagutta.com Legal Department.
MEMBER RESPONSIBILITY,
CAUTIONS
You are solely and fully responsible for
any Bagutta.com images that become part(s)
of web pages, periodicals, or other documents
you post or distribute. We do not regularly
review the contents of materials created
or posted by our members or other visitors
to our site. We strongly recommend against
posting or otherwise distributing any of
the following types of content, whether
you obtained it from Bagutta.com or other
source(s); to do so could involve you in
litigation, for which we in no way would
be responsible.
Material of a lewd, lecherous, or obscene
nature and intent, or that violates local,
state, and national laws.
Any material that violates or infringes
in any way upon the proprietary rights of
others, including, without limitation, copyright
or trademark rights; a good rule of thumb:
if you don't own the copyright or have express
authorization and documented permission
to use it, don't use it. Please read the
full text of the Bagutta.com Terms of Use,
Consent to Terms, and Usage Guidelines pages
to verify that your proposed use of Bagutta.com
images is acceptable.
Any material that is threatening, abusive,
harassing, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane,
indecent, or otherwise objectionable; this
includes the posting of other people's private
information.
Content that promotes, encourages, or provides
instructional information about illegal
activities -- specifically hacking, cracking,
or phreaking.
Any software, information, or other material
that contains a virus, "Trojan Horse,"
"worm," corrupted data, or any
other harmful or damaging component; hate
propaganda or hate mongering; or fraudulent
material or activity.
