Terms and Conditions
The Content offered by Element Tank through this Web Site and the use of the Web Site are governed by these Terms and Conditions (together with all separate documents linked to these terms and incorporated by reference, the "Terms and Conditions" or "Agreement" and the License Agreement). By accessing or using the Web Site, you ("User" or "you") agree that (1) you have read and familiarized yourself with the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Web Site and purchase of the Content. The Terms and Conditions are subject to change at any time, and it is your responsibility to check these Terms and Conditions regularly in case there are any changes. Continuing to use the site after a change has been made will signify your acceptance of the changes.

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE. YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.

LICENSE; LIMITATIONS ON USE. Your purchase of Content from this Web Site is actually a License to use the Content. Element Tank continues to own all Content. You do not own the imagery or Content; rather, you are licensed to use the Content. This Web Site is intended as a collection site of Content which is available for license by you. All use of Content is limited to the specific terms of a license agreement relating to the specific Content licensed by you (“License Agreement”).

Content may be used only as strictly set forth in your License Agreement. Any and all other uses will be deemed a violation of these Terms and Conditions, and a breach of the License Agreement, subject to all available remedies, including but not limited to, indemnification of Element Tank, its affiliates and licensors against any losses, expenses costs or damages incurred by any or all of them as a result of your breach of the License Agreement or your unauthorized use of any Content from this Web Site.

EMAIL AND ELECTRONIC COMMUNICATIONS. When you visit the Element Tank Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

OWNERSHIP OF INTELLECTUAL PROPERTY.
Trademarks. All trademarks, trade names, service marks, logos, tag lines, content, text, graphics, product descriptions, images, company names and other proprietary information, including but not limited to the terms ELEMENT TANK, and the Element Tank Design (collectively, the "IP") used in this Web Site are the property of Element Tank, or its third party vendors/affiliates and are and shall remain the property of Element Tank and such third parties. Nothing contained in the Web Site shall be construed as granting, by implication or otherwise, any license or right to use any IP displayed on the Web Site without the written permission of Element Tank or such third party that may own the IP displayed on the Web Site. Your use of any IP displayed on the Web Site is strictly prohibited.

Copyrights. Element Tank or its content suppliers are the owners of all content included on this site, such as text, graphics, logos, images, video clips, audio clips, digital downloads, data compilations, and software. All content included on this site is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Element Tank and protected by U.S. and international copyright laws. All software used on this site is the property of Element Tank or its software suppliers and protected by United States and international copyright laws.

CHANGES TO WEB SITE AND TERMS AND CONDITIONS. User acknowledges and agrees that Element Tank may change, modify, amend, suspend or discontinue any aspect of the Web Site, at any time, without notice and without liability to User or to any third party. Element Tank reserves the right to impose limits on certain features of the Web Site, at any time, without notice and without liability to User or to any third party.

Further, User acknowledges and agrees that Element Tank may amend any or all of the Terms and Conditions (including its fees, license terms, and other rules) at any time, at Element Tank's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Web Site. User is encouraged periodically to review the Terms and Conditions posted on the Web Site. Use of the Web Site constitutes acceptance of the Terms and Conditions, including any amendments thereto.

REGISTRATION AND ELIGIBILITY. The Web Site is only available to persons with the legal capacity to enter into this Agreement. To that end, the Web Site is intended for use by persons over 18 years of age. Users under the age of 18 should obtain permission and assistance from a parent or guardian before using this Web Site or licensing any Content. Element Tank may, at its sole and absolute discretion, refuse to accept your registration, and may, at any time after accepting registration, refuse to permit a User's continuing use of the Web Site for any reason or no reason at all. Tampering with the Web Site, misrepresenting the identity of a User or conducting fraudulent activities on the Web Site are prohibited.

SAFETY AND PRIVACY POLICY. The terms of the Element Tank Privacy Policy, as it may be amended from time to time in Element Tank's sole discretion, are incorporated by reference into these Terms and Conditions. User is encouraged periodically to review the Element Tank Privacy Policy posted on the Web Site at privacy policy.

ORDER ACCEPTANCE/CONFIRMATION. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to license. Element Tank reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you registered or placed the order. All orders placed on this site are subject to Content availability and will be licensed according to Element Tank's licensing terms.

CREDIT CARD AUTHORIZATION. When you purchase (license) Content via this Web Site, you authorize a charge to your credit or debit card in exchange for said Content. Where applicable, all Content purchases will include sales tax, and you agree to pay such sales taxes unless you provide your state tax-exempt certification prior to your purchase. If your credit card is declined, you dispute a charge without good reason, or otherwise fail to pay for Content you have downloaded or otherwise acquired, you agree to pay all of Element Tank's reasonable costs in collecting such amounts and in enforcing this Agreement against you or your representative, including its reasonable attorneys' fees.

TERMINATION. Element Tank expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Web Site by any person or entity, at the sole discretion of Element Tank, for any reason or no reason at all, and without prior notice. You may terminate your account at any time with or without cause by giving notice of such termination to Element Tank as provided in these Terms and Conditions. If your credit card or other payment is declined for any reason, you commit fraud or engage in any other dishonest conduct, or if you dispute or refuse to pay a Element Tank charge for any reason, such matters will be considered a material breach of these Terms and Conditions, and Element Tank may terminate your account immediately, without notice or liability to you.

LINKS TO THIRD PARTIES. The Web Site may provide links to the Web Sites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by Element Tank of such Third-Party Sites, or the products, Content, materials or information presented or made available by such Third-Party Sites. These Web Sites operate independently of Element Tank and have established their own terms and conditions and policies. For the best online experience, we strongly encourage you to review these policies at any Web Site you visit. User acknowledges and agrees that Element Tank is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, Content, material, services or information presented by or made available through such Third-Party Sites.

DOWNLOADING CONTENT/MATERIAL. User hereby releases Element Tank, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any Content, information or materials from the Web Site.

CHOICE OF LAW; CONSENT TO JURISDICTION. This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard for conflict of laws. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California located in Riverside County.

WARRANTY DISCLAIMERS. THE WEB SITE, INCLUDING ALL SOFTWARE, CONTENT, FUNCTIONS, MATERIALS, PRODUCTS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELEMENT TANK DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, CONTENT, OR OTHER MATERIALS USED IN CONNECTION WITH THE WEB SITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ELEMENT TANK MAKES NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. IF USER IS DISSATISFIED WITH THE WEB SITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. ELEMENT TANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ELEMENT TANK OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on the length of an implied warranty, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

INDEMNIFICATION. By using this Web Site you agree to defend, indemnify, and hold harmless Element Tank, its licensors and their respective officers, directors, employees, contractors and agents from all liabilities, damages, losses, costs, claims, and expenses, including attorney's fees, that arise from: (a) any content transmitted by you or any user of your account; or (b) any use or misuse of this Web Site by you or any user of your account. Element Tank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Element Tank in any reasonable way, including asserting any available defenses.

LIMITATION OF LIABILITY. IN NO EVENT WILL ELEMENT TANK, ITS AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS PAID BY USER TO ELEMENT TANK. IN NO EVENT WILL ELEMENT TANK BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES RELATED TO BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OF PROFITS ARISING OUT OF USER'S USE OF OR INABILITY TO USE THE WEB SITE, OR OUT OF ANY BREACH OF WARRANTY, EVEN IF ELEMENT TANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FORCE MAJEURE. Element Tank shall have no liability whatsoever or lose any rights under this Agreement as a result of delay or failure in performance caused by any third party, including any Element Tank vendor, or force majeure, that is, circumstances beyond the reasonable control of Element Tank, including, without limitation, acts of God, fire, flood, war, government action, strikes, lockouts or other serious labor disputes, power outages, or shortage of or inability to obtain merchandise or equipment.

NOTICES. Notices shall be given:

To Element Tank:
To be valid, notices must be sent by email to support@elementtank.com or to such other address as may be designated by Element Tank from time to time.

To User: Notices to User will be sent by email at the email address reflected in User's registration information. Notices to User shall be deemed to have been received 24 hours after the email is sent. Notices to Element Tank shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.

ASSIGNABILITY. Element Tank shall be entitled to assign this Agreement or any of its rights under this Agreement in its sole discretion. User shall not be entitled to assign, sublease, sublicense, sell, offer for sale, encumber or otherwise transfer or dispose of its rights under this Agreement, in whole or in part, without Element Tank's prior written consent.

WAIVER. The failure of Element Tank to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

CONFLICT. If there is any conflict between these Terms and Conditions and specific terms appearing elsewhere on this Web Site or in a License Agreement relating to specific material, then the latter shall prevail.

MISCELLANEOUS. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions.

© 2008 Element Tank, Inc. All rights reserved.

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