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LegalTerms & Conditions of Use

Welcome to the workbook.com Web site, the advertising professionals' online resource of advertising, design, corporate art departments, photographers, illustrators and industry support services.

WARNING TO PARENTS: This site is designed for advertising professionals and may contain visual content that is not appropriate for young children. You must be eighteen years old or older to use this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SCOTT, BUTLER, SCOTT, INC. ("WE" OR "OUR").

PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE. We reserve the right, at our discretion, to change, modify, add or remove all or part of the Terms of Use at any time.

OWNERSHIP OF THE WEB SITE

This Web site is owned and operated by Scott, Butler, Scott, Inc. All of the content featured or displayed on this Web site, including, but not limited to, artists, representatives, advertising agencies, design studios, corporate art departments and support service listings, text, graphics, photographs, images, illustrations and software ("Content"), is owned by Scott, Butler, Scott Inc., and/or its advertisers.

TRADEMARKS

"workbook.com", "Workbook Phonebook" and the workbook.com logo are trademarks of Scott, Butler, Scott, Inc.

LISTING PRODUCTS AND SUBSCRIPTION

Workbook.com offers access to its database of listings of creative professionals in photography, illustration, advertising, design and related support services such as photo labs, retouchers and stylists. The Basic Service is free and permits you to view the general contact listing but you are prohibited from downloading the listing information. You may purchase listings for a one time download or you may upgrade to a premium subscription service, if you purchase either the Workbook Plus or Workbook Pro premium subscription and enter into a Purchase Agreement with Workbook.

Workbook Plus subscription permits you to view an expanded set of information regarding the listings and offers direct contact information for creative personnel at advertising agencies, design firms, interactive/multimedia design firms, magazine and book publishers, and in-house corporate art departments.

Workbook Pro subscription offers further detail to the expanded information of the Workbook Plus subscription including titles and e-mail if available, and the contact's respective buying habits. All information accessible with the Workbook Pro subscription may be downloaded.

DISCLAIMERS AND LIMITATIONS OF WARANTIES

THIS WEB SITE AND ITS CONTENT IS PROVIDED "AS IS" AND SCOTT, BUTLER, SCOTT, INC. EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SCOTT, BUTLER, SCOTT, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEB SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SCOTT, BUTLER, SCOTT, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE. EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF USE OR ELSEWHERE ON THIS WEB SITE, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER SCOTT, BUTLER, SCOTT, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS WEB SITE OR THE CONTENT ON THIS WEBSITE WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Scott, Butler, Scott, Inc. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

THIRD PARTY LINKS

There may be links to other Web sites from the workbook.com Web site; however, these other Web sites are not controlled by Scott, Butler, Scott, Inc and we are not responsible for any Content contained on any such Web site or any loss suffered by you in relation to your use of such Web sites. You waive any and all claims against Scott, Butler, Scott, Inc regarding the inclusion of links to outside Web sites or your use of those Web sites.

INDEMNIFICATION

You shall indemnify Scott, Butler, Scott, Inc, its subsidiaries, officers, directors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content or its services.

GOVERNING LAW AND VENUE

This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California, Los Angeles County or the Federal District Courts in that district (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Scott, Butler, Scott, Inc shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of workbook.com, such action is necessary or desirable.

NO WAIVER, SEVERABILITY

No action of Scott, Butler, Scott, Inc, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Rev. 112606


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