Dodger Digital Design Terms of Service Agreement
This Dodger Digital Design Terms of Service Agreement (the "Agreement") is an agreement between you and Dodger Digital Design. This web site and the products and services offered thereby (the "Service") is owned and operated by Dodger Digital Design. The following terms and conditions apply to your use of our Services. Please read this Agreement carefully before you enter our Web site. In this Agreement, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to Dodger Digital Design and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
By viewing and using this website you agree to the Agreement and any documents incorporated by reference. If you do not agree to the Agreement, please leave our website.
1. PHOTOGRAPHS AND PRODUCTS
A.
You can purchase the photographs featured on our Web site from Dodger Digital Design in the form of photographic prints, or other photographic products such as mugs or shirts (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. Payment for all Products is required to be made in full in advance. All items purchased through Dodger Digital Design and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
B.
You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Dodger Digital Design. You agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Dodger Digital Design's prior written consent.
C.
While Dodger Digital Design uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can Dodger Digital Design ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please email us directly at contact@dodgerdigital.com with a description of why you would like it removed.
2. DISCLAIMERS
THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND Dodger Digital Design MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Dodger Digital Design DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dodger Digital Design DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT Dodger Digital Design) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3. LIMITATION OF LIABILITY
Neither Dodger Digital Design, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products.
4. INDEMNIFICATION
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by Dodger Digital Design, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold Dodger Digital Design, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.
5. OWNERSHIP OF OUR WEB SITE
All of the content on our Web site, including without limitation, the graphics, design, and look and feel are owned by Dodger Digital Design and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The Dodger Digital Design logos are trademarks owned by Dodger Digital Design and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.
6. LINKED INTERNET SITES
Dodger Digital Design may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that Dodger Digital Design does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Dodger Digital Design does not offer any warranty on any third-party software you download using the Web site.
A. Third Party Links
Our Web site may provide a link to other sites by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Web site via "inverse" hyperlinks and framing technology (a "Linked Site"). Dodger Digital Design has no discretion to alter, update, or control the content on a Linked Site. The fact that Dodger Digital Design has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and Dodger Digital Design, urges you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
7. INTERNATIONAL USE
Dodger Digital Design makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
8. OTHER TERMS
These terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Ramsey County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Dodger Digital Design regarding the use of the Web site or the use or purchase of the photographs or the Products.
9. Other Terms.
This Agreement shall be governed by the laws of the State of Minnesota without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in the federal or local courts for the state of Minnesota, County of Ramsey, and you consent to personal jurisdiction in these courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by Dodger Digital Design regarding the use of the Web site or the use or purchase of the photographs or the Products. Dodger Digital Design reserves the right to make changes to this Web site, this Agreement, and the other information contained in this Web site at any time and without notice. Please refer to these User Terms when you visit the site as they may change from time to time.
