DemiArret LLC ("DemiArret") provides the SmallCrop site ("Site") as a value added service to the online offerings provided from the SmallCrop website(/s) ("SmallCrop"). Use of the service is conditional upon your acceptance of the terms and conditions set forth below, as they may be amended from time to time, and constitutes a legally binding agreement ("Agreement") between you and DemiArret. By paying for access to the added value service, you accept those terms and conditions without limitation.
This service is for personal and commercial use. However, while you are permitted to incorporate the purchases made through the Site into further offerings for business purposes, you are not permitted to license, sell, resell or disseminate any offerings obtained through the Site.
DemiArret will continue to offer access extension rights to you at annual intervals until you cancel your overall access. No monetary refund for any currently valid access period will be given in the event that a cancellation is received by DemiArret prior to that period's time expiry. In the event of a cancellation during a current access period, any cancellation will only be effective from the next renewal date following successful receipt by DemiArret of the cancellation notice.
Payment for access entitles you to the following (only when accessed directly by individual, password-protected member login from the SmallCrop web pages):
• Reduced or discounted price options when purchasing offerings;
• Reduced or discounted online display and electronic-systems implementation options when selling offerings;
• Access to specialized services and resources when purchasing and/or selling offerings;
• An enhanced ability to make and/or collect online payments directly through PayPal, with absolutely no financial privacy ever being or becoming disclosed to either DemiArret or SmallCrop, as such;
• Reasonably fluid and functional link following when carrying out online navigation. DemiArret cannot guarantee that all websites currently or potentially included in that overall navigation path fully comply with reasonably acceptable and/or commonly known online or other related protocols for its link following software functionality.
DemiArret and SmallCrop reserve the right to remove or change the details of offers without notice.
While DemiArret and SmallCrop use reasonable efforts to provide accurate and functional online offerings, electronic-systems implementation and related resources and information, DemiArret and SmallCrop assume no liability or responsibility for errors, omissions or ambiguities in the online offerings or related information provided by the Site. In no event are DemiArret and/or SmallCrop liable for any damages whatsoever arising out of your use or sale of the products, downloads, services, online or other offerings, relevant contacts, related goods, downloads or services, memberships, membership dues or entitlements, the Site or the content thereof, including direct, indirect, incidental, consequential or punitive damages.
Without limiting any of the foregoing, the content, systems architecture, functional state, local and global scope content and services of the Site are provided "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions may not apply to you.
You represent and warrant to DemiArret and SmallCrop that the goods, texts, electronic, virtual, physical or other goods, e-books, downloads, online or other offerings, concepts, services or materials submitted by you to DemiArret and/or SmallCrop, and the online offerings incorporation of those goods, e-books, downloads, online or other offerings, concepts, services or materials by DemiArret and/or SmallCrop, do not, and will not:
• infringe DemiArret's, SmallCrop's or any third party's copyright, trademark, patent or other proprietary rights or right of publicity or privacy;
• violate any applicable law, statute, ordinance or regulation;
• be defamatory or libellous;
• be lewd, pornographic or obscene;
• violate any laws or conventions, including any laws regarding unfair competition, discrimination, or false advertising;
• promote violence or contain hate speech, indecency, malicious offense, vulgarity, criminal incitement, fraud or obscenity;
• contain hazardous or harmful substances, toxins, pesticides, insecticides, herbicides, pathogenic microorganisms, diseases, parasytes, infestations, flaws, defects or other "pollutants, impurities, pests, diseases, defects or harmful residues"; or
• contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines or other "malware" or electronic-systems subversion;
Further, you agree that you will hold harmless and indemnify DemiArret, SmallCrop and their relevant contacts and affiliates from and against any and all liability or violation of your representations hereunder, including any infringement of the copyrights or other intellectual property or other rights of any person or entity or other unlawful activity, claim, litigation, costs, fees or damages arising out of the sale, purchase, incorporation, download, transfer, shipment, assignment, forwarding, grant, storage, exhibit, publication, translation or transmission by DemiArret and/or SmallCrop of any goods, texts, electronic, virtual, physical or other goods, e-books, downloads, online or other offerings, concepts, services or materials submitted by you to DemiArret and/or SmallCrop.
Without limiting the foregoing, DemiArret and SmallCrop specifically reserve the right to decline to provide services with respect to any text or other materials for any reason whatsoever.
DemiArret has not reviewed all of the websites and/or functional, electronic or physical architectures that may be linked to the Site, and specifically disclaims responsibility for the content of any such linked sites, architectures or functionalities.
All disclaimers, indemnities and exclusions shall survive termination of this Agreement for any reason.
This Agreement is governed by and construed in accordance with both European and United States Law. Any disputes shall be subject to the exclusive jurisdiction of both the European and the United States Courts.