These terms govern your use of our website and services such as downloading content from the website (collectively, the "Website"; each downloaded illustration, image, or other pictorial or graphic work is referred to as "Work"; the available services on the Website is collectively referred to as "Services"). By using the Services or the Website, you agree to these terms. If you have entered into another agreement with us concerning specific Services, then the terms of that agreement control where it conflicts with these terms. If you use our Website and Services on behalf of an entity, then these terms apply to that entity and its affiliates. In such case, you represent and warrant that you have the authority to bind the entity to these terms.
1. Description of the Website
1.1 General Description. The Website includes an online marketplace for downloading Works. The public section offers to all visitors, among other things, general information about the Website, the ability to view and search for Works on the Website.
1.2 Registration. Each visitor may register to become a registered member ("Member") by creating an account with us. Once the information is entered during registration, the information cannot be revised later. The Member must also specify whether she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).
1.3 Download. Any Work downloaded by Members must be done through their own accounts, and such Work is subject to the Standard Download Agreement or the Extended Download Agreement. The Download Agreement is incorporated into these terms by reference. A Member may download a Work for a particular use after paying with the applicable amount of money (as defined below; or the applicable number of downloads in the case of a subscription) on the Website and agrees to the Download Agreement for such Work.
2. General Acknowledgments
You may only use the Services if (a) you have the legal capacity to enter into this agreement with us and (b) your use does not violate applicable law.
3. Your Use of Works
3.1 Restrictions. You may only download Works from the Website in accordance with these terms and the Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Download Agreement, and you may do so only to the extent expressly permitted under the Download Agreement.
3.2 Ownership. No ownership of any Works is transferred and no sale of any Works is effectuated on or through the Website. Only the rights expressly licensed in the Download Agreement are granted on or through the Website. We and our licensors retain all title and ownership rights in and to the Works. Such Works are covered and protected by our or our licensors’ copyright, trademark and other intellectual property rights.
4.1 You must not misuse the Services or the Website. For example, you must not:
4.2 You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used. By way of example, you may not download works for the primary purpose of artificially inflating the ranking of a given contributor or for the primary purpose of artificially triggering payments to contributors (authors).
5. Account and Payment
5.1 You must keep confidential your account information. Your account information personal to you and may not be shared with, or transferred to, any other person or entity.
5.2 You will be solely responsible for each and every use of your account. We may rely on the use of your account as conclusive evidence that you have used the Website.
5.3 Your services are subject to the payment of a fee to WOW!nvitation.
6. Disclaimer of Warranties
6.1 The Services, Works, and Website are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the Works or content within the Services. We further disclaim any warranty that (a) the Services or Works will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services or Works will meet your expectations; or that (d) any errors or defects in the Services will be corrected.
6.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Works. You may use and access the Services or Works at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Works.
7. Limitation of Liability
We are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages (even if we have been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Works. Nothing in these terms limits or excludes our liability for gross negligence or for our (or our employees’) intentional misconduct. Except stated in the Download Agreement, the total liability in any matter arising out of or related to these terms is limited to US $10. The limitations and exclusions in this section apply to the maximum extent permitted by law.
8. Termination and Suspension
9.1 We may terminate these terms or your account upon notice to you at our discretion, including, without limitation, for your breach of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms), if it has become impractical for us to offer the Services in your region, or for inactivity by you with respect to use of the Website. You may at any time terminate these terms or your account by sending a termination request to us through your account page on the Website.
8.2 We will terminate a user’s access to the Website if we have determined the user to be a repeat infringer.
8.3 We may suspend your account at any time and for any length of time.
9. Effect of Termination
9.1 Upon any termination of these terms: