RighToons.com's Terms and Conditions of Use

RighToons.com offers this web site, including all information, products and services available from this web site or offered as part of or in conjunction with this web site to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. RighToons.com reserves the right to make changes to these terms and conditions immediately by posting the changed terms and conditions in this location. Your continued use of the web site constitutes your agreement to all such terms, conditions and notices, and any changes to the terms and conditions made by RighToons.com.

By becoming a subscriber to RighToons.com, it's illustrators and services, you agree to the following terms and conditions.

Orders shall be initiated by Buyer issuing a request for the product or otherwise placing an order by electronic means acceptable to Seller. Orders shall identify the products, unit quantities, descriptions, and applicable prices. All orders are subject to acceptance by Seller. Seller reserves the right to allocate sales of products among its customers in its sole discretion. Notwithstanding any provision of these terms and conditions to the contrary, orders for special, custom, and other non-standard products which do not appear on Seller's inventory, work-in-process and Products otherwise identified by Seller as "non-cancelable and non-returnable" shall be non-cancelable and non-returnable.

Prices shall be as specified by Seller and shall be applicable for the period specified in Seller's quote. If no period is specified, prices shall be applicable for thirty (30) days. Notwithstanding the foregoing, prices shall be subject to increase in the event of an increase in Seller's costs or other circumstances beyond Seller's reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, forwarding agent's and broker's fees, document fees and import duties. If Seller shall be liable for or shall pay any of the foregoing, same shall be paid by Buyer to Seller in addition to the price of the products.

Payment shall be net thirty (30) days from date of invoice or as otherwise specified by Seller. Buyer agrees to pay the entire net amount of each invoice from Seller pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by Seller, which may in its sole discretion at any time change the terms of Buyer's credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Buyer's order before receipt of any or all of the products. If Seller believes in good faith that Buyer's ability to make payments may be impaired or if Buyer shall fail to pay any invoice when due, Seller may suspend Buyer's account until such payment is made or cancel any order or any remaining balance thereof, and Buyer shall remain liable to pay for any products already acquired. Buyer agrees to submit such financial information from time to time as may be reasonably requested by Seller for the establishment and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection shall be deemed the date of payment. Any check received from Buyer may be applied by Seller against any obligation owing from Buyer to Seller, regardless of any statement appearing on or referring to such check, without discharging Buyer's liability for any additional amounts owing from Buyer to Seller, and the acceptance by Seller of such check shall not constitute a waiver of Seller's right to pursue the collection of any remaining balance. Buyer shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1-1/2%) percent per month or such lower rate as may be the maximum allowable by law. If Buyer fails to make payment when due, Seller may pursue any legal or equitable remedies, in which event Seller shall be entitled to reimbursement for costs of collection and reasonable attorneys fees.

The web site may contain hyperlinks to web sites offered by parties other than RighToons.com. Such hyperlinks are provided for your reference and convenience only. RighToons.com does not control such other web sites and is not responsible for their content; nor does RighToons.com's inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators. Unless otherwise specifically stated on this web site, RighToons.com does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this web site.

Unless you are subsequently advised otherwise by RighToons.com, you are hereby licensed to create hyperlinks to the content on the web site, provided that the hyperlink accurately describes the content as it appears on the web site. RighToons.com reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after thirty (30) days. Under no circumstances may you "frame" the web site or any of its content or copy portions of the web site to a server, except as part of an Internet service provider's incidental caching of pages. Under no circumstances may you "frame" the web site or any of its content or copy portions of the web site to a server, except as part of an Internet service provider's incidental caching of pages.

Intellectual property is provided by Seller to Buyer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying intellectual property. Nothing herein shall be construed to grant any rights or license to use intellectual property in any manner or for any purpose not expressly permitted by such license agreement.

Your responsibility once notified of a copyright violation is clearly defined, under Title II of the Digital Millennium Copyright Act (17 U.S.C. 511 et seq.).

To view a complete copy of the DMCA follow this link: http://www.loc.gov/copyright/legislation/dmca.pdf

If you do not follow the "notice and takedown" provisions; your company becomes liable for the infringement. RighToons.com the right to contact your provider of Internet access, and request that they terminate your account if this infringement continues.

Digital Millennium Copyright Act gives the artist, as the copyright holder, the right to seek financial damages against any ISP or host as contributory or vicarious copyright infringer, if they fail to immediately remove the offending material. You can avoid financial liability if one of your subscribers offers an infringing copy online by immediately taking down the unauthorized material.

Except for material in the public domain under United States copyright law, all material contained on the web site (including all graphics, all HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the web site without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, technical failures, changes in law, material shortages, war, acts of terrorism, or inability to obtain labor or materials through its regular sources. Seller's time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.

Under no circumstances shall RighToons.com or anyone else involved in creating, producing, storing or distributing the web site be liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including, without limitation, lost profits, and damages arising from lost data or business interruption) arising out of or in any way connected with use of the web site, delay or inability to use the web site, or for any information, products or services obtained through the web site, whether such damages are based on contract, tort, strict liability or otherwise. You specifically agree that no licensor, supplier or information provider to RighToons.com or its affiliates, officers, directors, employees or agents, or any of their successors or assigns, shall have any liability to you for any reason or under any theory whatsoever, based upon the information provided on or through the web site. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

RighToons.com reserves the right to terminate your privilege of using all or any portion of the web site if you breach any of these terms and conditions of use. If RighToons.com receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, RighToons.com may terminate your access to the web site, including all of your privileges or accounts that you may have established in connection with the web site.