Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by GentleFur Studio, including information, text, images, graphics, data or other materials (“Content”) and products and services provided through www.gentlefur.com, and other elements, software, programs and code forming or incorporated into www.gentlefur.com (the “Service”). This Service is operated by GentleFur Studio. GentleFur Studio is also referred to in these Terms as “we”, “our”, and “us”.
By using our Service, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the GentleFur Studio website (the “Site”). If you choose to register as a member of our Service or purchase products from the GentleFur Studio Shop, you will be bound by, the additional terms set forth in Section II of these Terms (“Additional Terms”).
Section I: General Terms
This Service is provided by GentleFur Studio on an “AS IS” and “AS AVAILABLE” basis and GentleFur Studio reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that GentleFur Studio is and will not be liable to you for any modification, suspension or discontinuance of the service.
All brand, product and service names used in this Service which identify GentleFur Studio or third parties and their products and services are proprietary marks of GentleFur Studio and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of GentleFur Studio or any third party with respect to any such image, logo or name.
GentleFur Studio is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to GentleFur Studio are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of GentleFur Studio or the appropriate owner of copyright in such works. GentleFur Studio does not claim ownership rights in your works or other materials posted by you to GentleFur Studio (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. External Links
GentleFur Studio may provide links to third-party websites or resources. You acknowledge and agree that GentleFur Studio is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GentleFur Studio of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall GentleFur Studio be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to GentleFur Studio that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. GentleFur Studio does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless GentleFur Studio, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
8. Disclaimer of Warranty and Limitation of Liability
GENTLEFUR STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GENTLEFUR STUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. GENTLEFUR STUDIO MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT GENTLEFUR STUDIO IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, GENTLEFUR STUDIO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GENTLEFUR STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL GENTLEFUR STUDIO’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO GENTLEFUR STUDIO PURSUANT TO THIS AGREEMENT.
Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to GentleFur Studio for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.