c/o KadmusArts Corporation
74 Monument Avenue
Bennington, VT 05201
By phone: (802) 442-3901
By fax: (815) 366-8004
By email: firstname.lastname@example.org
You agree that monetary damages may not provide a sufficient remedy to KadmusArts for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations.
KADMUSARTS DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. KADMUSARTS CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KADMUSARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KADMUSARTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USERS, KADMUSARTS USERS, ADVERTISERS, AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE, OR OTHERWISE RELATED TO YOUR USE OF THE SITE. KADMUSARTS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD-PARTY ADVERTISERS OR SERVICE AND/OR PRODUCT PROVIDERS REFERENCED ON OR INCLUDED IN THE SITE TO KADMUSARTS AT COMMENTS@KADMUSARTS.COM. KADMUSARTS MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, AT ITS SOLE DISCRETION.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KADMUSARTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF KADMUSARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold KadmusArts, our directors, officers, employees, consultants, agents, affiliates, licensors, suppliers, advertisers and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from (a) your breach of these Terms of Service; (b) any allegation that any materials you post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of New York, County of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Service is found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity of the remaining provisions.