D Vint Productions Website User Agreement 
Terms And Conditions Of Use

Notice to user

This is a legal agreement between you, your company, your employer
and/or your client, as the case may be (collectively "you") and D Vint
Productions. "D Vint Productions" when used herein shall mean D Vint
Productions. Please review these terms and conditions fully before you
continue to use this website or download any image from this website. By
using this site or downloading any image you agree to be bound by these
terms and conditions. If you do not agree, please discontinue using this
site. D Vint Productions reserves the right to change the terms and
conditions at any time without prior notice. Your use of the site will
be subject to the most current version of this agreement posted on the
site at the time of such use.


No Warranties; Disclaimers

This website and its content are provided "as is" and D Vint Productions
excludes to the fullest extent permitted by applicable law any warranty,
express or implied, including, without limitation, quality of image, or 
compatability with any computer hardware or other equipment, operating 
system or software program.

Without limiting the foregoing, D Vint Productions gives no rights or
warranties with respect to the use of names, trademark, logo types,
registered or copyrighted designs or works of art depicted in any image,
and the user must satisfy itself that all necessary rights, consents or
permissions as may be required for reproductions are secured. D Vint
productions identifies captions for each image to the best of its
ability, but cannot be held responsible for erroneous or incomplete
caption information or the accuracy or completeness of any information
contained on the website.

This site could include technical or other mistakes, inaccuracies or
typographical errors. You are solely responsible for determining whether
your use of an image or any related information is appropriate for your
intended use and complies with any applicable laws or customs.


Indemnification

You agree to indemnify, defend and hold D Vint Productions and Danny
Vint, harmless from and against any and all claims, liability, damages, 
costs and expenses, including reasonable legal fees and expenses and expert 
fees, arising out of the use of any image, any breach of this agreement by 
you or any other liabilities arising out of your use of the website.


Limitation Of Liability

Under no circumstances will D Vint Productions be liable for any damages
whatsoever, including, but not limited to, direct, indirect, special,
incidental, punitive and consequential damages. Damages for loss of
business profits, business interruption, loss of business information,
or other pecuniary loss, arising out of (a) the use of or inability to
use the website or any image or (b) the inability to obtain additional
rights to any images (including making additional copies) even if D Vint
Productions has been advised of the possibility of such damages. In any
event, the limit of liability of the copyright owner of the image, his
or her representative and D Vint Productions shall be the fee paid for
the image to D Vint Productions.


Dispute Resolution And Governing Law

Any and all disputes, with the exception of copyright claims, arising
out of, under or in connection with this agreement, including, without
limitation, the validity, interpretation, performance and breach hereof,
shall be settled by arbitration in Alameda, California. For copyright claims you
consent to the exclusive jurisdiction of the state or federal courts
within the state of California and you submit to the personal jurisdiction
of such courts for such purpose.

This agreement, its validity and effect, shall be interpreted under and
governed by the laws of the state of California without regard to its
conflicts of laws principles. If you are an agent for or an employee of
a non-U.S. Company but do business in or operate in a place of business
in the United States or its territories, you expressly agree that any
dispute regarding this agreement shall be adjudicated within the United
States in the manner described herein.

If D Vint Productions is caused to present claims or suit as a result of
your breach of any of the above terms, it shall be made whole for such
reasonable legal fees, expert fees or costs by you.


Miscellaneous

D Vint Productions reserves the right to restrict or remove your access 
to this site at any time, or revoke your authorization to view, download 
and use the images and information on this site at any time, and you shall 
immediately discontinue your use upon written notice from D Vint Productions.

Time is of the essence for you to perform all of your obligations for
payments. Payment of the invoice herein is to be net thirty (30) days. A
service charge of one and on-half percent (1-1/2%) any unpaid balance
will be charged thereafter. 

No action of D Vint Productions other than an express written waiver may
be construed as a waiver of any provision of this agreement. In the
event D Vint Productions does waive any specific provision of this
agreement, it shall not be construed as the waiver of any other
provision hereof.

Should any of the provisions of this agreement be unenforceable, the
remaining provisions will remain in full force and effect.


©2004 D Vint Productions. 
All rights reserved. 

Last updated July 24, 2004