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INDIVIDUAL LIABLITY OF INFRINGEMENT
BASICS
Before you throw up your hands and say, "What's the use," consider your own liability for copyright infringement. Individuals are liable for their own actions. Copyright owners have sued and probably will continue to sue individuals, but that may not insulate the individual who took the allegedly infringing action from the full force of a lawsuit.
The penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement. Willful infringement means that you knew you were infringing and you did it anyway. Ignorance of the law, though, is no excuse. If you don't know that you are infringing, you still will be liable for damages - only the amount of the award will be affected. Then there are attorneys' fees.....
There is one special provision of the law that allows a court to refuse to award any damages at all if it so chooses, even if the copying at issue was not a fair use. It is called the good faith fair use defense [17 USC 504(c)(2)]. It only applies if the person who copied material reasonably believed that what he or she did was a fair use - as would likely be the case if you followed this Policy! If you qualify for this defense, it makes you a very poor prospect for a lawsuit. On the other hand, if you disregard sound advice about fair use, a court would be free to award the highest level of damages available. This makes someone who ignores policies a handsome target for a lawsuit.
TERMS OF USE
Your use means you agree to the following terms of use (the "Terms of Use"). Images owned by GixxerGirl are protected by national copyright laws and international copyright treaties.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this site. Selling or redistributing any images or other items without prior written consent is expressly forbidden.
This Site contains copyrighted animations, photographs, images, videos, text, music, and sounds (collectively the "Content"). It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. You may not use graphics or images in any manner that constitutes copyright infringement. All graphics and/or images designed by GixxerGirl.com is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.
All other images are the property of their respective owners and are used with no intention of infringement.
GIXXERGIRL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY GIXXERGIRL. WITH RESPECT TO THE SITE, CONTENT, AND HOST SOFTWARE.
GIXXERGIRL DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT GIXXERGIRL WILL CORRECT ANY ERRORS, OMISSIONS, OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS, OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.
IN NO EVENT WILL GIXXERGIRL OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OR INFORMATION, GRAPHICS, LINKS OR PRODUCTS EVEN IF GIXXERGIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF GIXXERGIRL OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING GRAPHICS, OR PURCHASING OR DOWNLOADING PRODUCTS FROM WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY SITES.
GIXXERGIRL PROVIDES LINKS TO THIRD-PARTY SITES AS A CONVENIENCE TO YOU. GIXXERGIRL DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES. GIXXERGIRL IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY GIXXERGIRL OF SUCH SITES.
OTHER LEGAL INFORMATION
These Terms of Use shall be governed by and construed in accordance with the laws of California, U.S.A. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. GIXXERGIRL reserves the right to terminate these Terms of Use without notice if, in GIXXERGIRL sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, GIXXERGIRL reserves the right to terminate this site without notice.
All other trademarks and registered trademarks are the property of their respective owners and are used with no intention of infringement.
©2003 - 2009 GIXXERGIRL, and its licensors. All rights reserved
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