|
This agreement
("Agreement") between you and
HA
Design Group LLC
("Company") sets
forth the terms and conditions which
apply to the use by you of the Company
Web Sites and any other product or
service offered by Company for use,
subscription or sale (collectively,
"Services"). Subject to the terms and
conditions below, and your acceptance
thereof, Company agrees to grant, and
you agree to take, a non-exclusive,
non-transferable, single computer
license to use and display the Services
and related software for your personal
(or household) non-commercial use by any machine(s) of which you are the primary
user. If you do not understand and
accept the provisions, do not use the
Services. Your use of the Services shall
be deemed to constitute your acceptance
of this Agreement and all of Company's
rules and restrictions related to the
Services, as they may change form time
to time.
Lawful
Use:
You agree to use the Services only as
lawful in the United States, and all
jurisdictions and subdivisions thereof,
and in any nation and jurisdiction in
the world, and all subdivisions thereof,
with respect to which you use, access or
reach out to with regard to the
Services. Without limiting the
foregoing, you agree not to post on or
transmit through the Services any
material which violates or infringes in
any way upon the rights of others; is
threatening, abusive or harassing; is
defamatory; is invasive of privacy or
publicity rights; is obscene; is lewd,
lascivious, filthy, excessively violent
or otherwise objectionable; or which
encourages conduct that would violate
any law or give rise to civil or
criminal liability under any law. You
agree to abide by the terms and
conditions of this Agreement and any
additional terms, conditions, rules or
procedures imposed by Company or by
third-party content providers in
connection with third-party content,
software or services available on or
through the Services.
Rights:
The content of this site includes
copyrighted materials, trademarks and
other proprietary information,
including, without limitation, text,
software, photos, video, audio visual
recordings, graphics, music and sound.
The entire contents of this site are
copyrighted as a collective work under
the United States copyright laws and/or
similar laws of other jurisdictions.
Company owns a copyright in the
selection, coordination, arrangement and
enhancement of such content, as well as
in the content original to Company.
Third-party content providers own the
copyright in content that is original to
them. Company, HA Design Group LLC are
trademarks and service marks of Company.
All rights are reserved. All other
trademarks and service marks appearing
on the site are the property of their
respective owners, including, in some
instances, Company. All rights are
reserved. Use of any of our trademarks
or names as "metatags" on other Web
Sites is prohibited. You may not display
our Web Sites or content in frames or
"in-line links" without express written
permission from Company (e-mail requests
to
webmaster@hadesign.net).
You agree not to encumber, license,
modify, publish, copy, sell, transfer,
transmit, or in any way exploit, any of
the content of the site, nor will you
attempt to do so. Except as otherwise
expressly permitted by applicable law,
you agree not to copy, redistribute,
publish or otherwise exploit material
which you download from the site without
the express prior written permission of
Company and the owner of such material
(from whom you are solely responsible
for obtaining permission). You further
agree and acknowledge that you shall not
acquire any ownership rights by
downloading material from the site.
Company does not solicit submissions,
creative materials, ideas or suggestions
other than those Company specifically
requests. Any communications or
materials you transmit to Company by
electronic email or otherwise including,
without limitation, data, questions,
comments, ideas, images, writings,
music, sounds, audiovisual effects,
artwork, design elements, graphics,
suggestions, concepts, biographical
information, notes or message postings,
will be treated as non-confidential and
non-proprietary. You hereby
unconditionally and irrevocably transfer
and assign to Company, its parent and
their affiliates, subsidiaries,
successors and assigns, in perpetuity,
the royalty-free right and license to
use, reproduce, modify, adapt, publish,
translate, create derivative works from,
incorporate into other works,
distribute, perform, display and
otherwise exploit the material you send
to Company, in all languages and
throughout the universe, in any form,
media or technology now known or
hereafter devised. You acknowledge and
expressly agree that any such
communications or materials you transmit
or post may be used by Company, successors and assigns,
for any purpose whatsoever, including,
without limitation, developing,
manufacturing and marketing products
using such information, and you hereby
waive the right to receive any financial
or other consideration in connection
with such information, including,
without limitation, credit. (See
Submission Agreement)
Usage
Rules:
You agree that you will not post on or
transmit through the Services any
advertising or commercial solicitation
of any kind whatsoever, including,
without limitation, via e-mail, without
Company's express prior written approval
and, if then, solely in accordance with
the terms and conditions imposed by
Company with respect thereto. You
further agree not to use the Services,
or any element or portion thereof
(including, without limitation, e-mail
addresses of users), for any commercial
purpose whatsoever. You agree not to use
the services in any way that abuses,
defames, stalks, annoys, threatens or
violates the rights of privacy,
publicity, intellectual property or
other legal rights of others (now or
hereafter recognized) or to post,
publish, distribute, disseminate or
upload any inappropriate, infringing,
defamatory, profane, indecent, obscene
or illegal/unlawful matters, including,
without limitation, information, topics,
names or other material.
Without limiting the forgoing, you agree
not to:
(a) attempt to impersonate another user
or any other third party by selecting or
using the name, address, credit card
information, e-mail address or avatar of
(or belonging to) another user or other
person, or otherwise;
(b) use a user name, address, credit
card information, e-mail address or
avatar belonging to any other person,
for any reason whatsoever, without the
prior express written authorization of
such person;
(c) use a user name, e-mail address or
avatar in violation of the intellectual
property rights of any person or entity;
(d) use a false "header" - the legend
attached to e-mail messages to show the
message's point of origin, route and
destination - or otherwise falsely
configuring e-mail;
(e) use a user name, e-mail address,
header or avatar that Company, in its
sole discretion, deems inappropriate;
(f) disseminate multiple unsolicited
copies of e-mail through the Services;
(g) upload files that contain software
or other material protected by
intellectual property laws, rights of
publicity or privacy, except if you own
or control such rights or have received
all necessary consents, permissions,
licenses, approvals;
(h) upload files that you know or have
reason to believe may contain viruses,
corrupted files, or any other similar
software or program that may result in
damage to the operation of Company's Web
Sites or servers or to another's
computer;
(I) advertise, offer to sell or buy any
goods or services for any business
purpose;
(j) conduct or forward surveys,
contests, pyramid schemes or chain
letters;
(k) falsify or delete any author
attributions, legal or other proper
notices or proprietary designations or
labels of the origin or source of
software or other material contained in
a file that is uploaded;
(l) restrict, inhibit, harass or attempt
to prevent any other user from using and
enjoying the Services;
(m) disclose personal information and/or
collect information about others
(especially personal information or
information likely to lead to personal
identification of another), including
e-mail addresses, without their prior
consent; or
(n) violate any applicable domestic or
international laws or regulations.
Always use caution and common sense when
using the Services, especially when
giving out any personally identifying
information about yourself or your
children or with respect to financial
information or transactions. Company
does not control or endorse the content,
messages or information found in user
submitted portions of the Services or
External Sites and, therefore, Company
specifically disclaims any
responsibility with regard thereto.
Additions and Changes:
HA Design Group LLC has the right, at any
time, to add, change or discontinue any
aspect or feature of the Services,
including, but not limited to, content,
financial terms, availability and
equipment needed for access or use. Impose, change or modify its terms
and conditions applicable to your use of
the Services, or any part thereof;
and/or to impose, change or modify the
terms and conditions of this Agreement
("Changes"). Such Changes shall be
effective immediately upon notice by
posting the Changes on Company's Web
Site or by any other method of notice
Company deems appropriate. Any use of
the Services by you after notice of the
Changes, constitutes acceptance by you
of such Changes.
Disclaimers; Limitations; and Waivers of
Liability:
YOU EXPRESSLY AGREE THAT USE OF THE
SERVICES IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO
THE EXTENT OF ANY WARRANTIES INCAPABLE
OR EXCLUSION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT). WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ITS
AFFILIATES, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE.
COMPANY DISTRIBUTES CONTENT SUPPLIED BY
THIRD PARTIES AND USERS OF THE SERVICES
AND PROVIDES LINKS TO EXTERNAL LOCATIONS
OPERATED BY THIRD PARTIES. ALL
COMMUNICATION EXPRESSED OR MADE
AVAILABLE BY THIRD PARTIES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, BY OTHER
USERS, IS SOLELY MADE BY THE RESPECTIVE
AUTHOR(S) OR DISTRIBUTOR(S), AND NEITHER
COMPANY NOR ITS AFFILIATES, EMPLOYEES,
AGENTS, ATTORNEYS, THIRD-PARTY CONTENT
PROVIDERS OR LICENSORS GUARANTEE THE
ACCURACY, COMPLETENESS OR USEFULNESS
THEREOF, OR ITS MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE; NOR
DO THEY MAKE ANY GUARANTEE, ENDORSEMENT
OR WARRANTY WITH RESPECT THERETO. YOU
ACKNOWLEDGE THAT IT IS YOUR SOLE
RESPONSIBILITY TO SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING
THE EVALUATION OF ANY COMMUNICATION AND
AGREE TO USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WITH RESPECT TO ALL
COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW,
THE DISCLAIMERS OF LIABILITY CONTAINED
HEREIN APPLY TO ANY AND ALL DAMAGES OR
INJURY WHATSOEVER CAUSED BY OR RELATED
TO USE OF, OR INABILITY TO USE, THE
SERVICES UNDER ANY CAUSE OR ACTION
WHATSOEVER OF ANY JURISDICTION,
INCLUDING, WITHOUT LIMITATION, ACTIONS
FOR BREACH OF WARRANTY, BREACH OF
CONTRACT OR TORT AND THAT NEITHER
COMPANY NOR ITS AFFILIATES, EMPLOYEES,
AGENTS, ATTORNEYS, THIRD-PARTY CONTENT
PROVIDERS OR LICENSORS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES IN ANY WAY WHATSOEVER ARISING
OUT OF THE USE OF, OR INABILITY TO USE,
THE SERVICES. YOU FURTHER SPECIFICALLY
ACKNOWLEDGE THAT NEITHER COMPANY NOR ITS
AFFILIATES, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS
OR LICENSORS ARE LIABLE, AND YOU AGREE
NOT TO SEEK TO HOLD COMPANY OR ITS
AFFILIATES, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS
OR LICENSORS LIABLE, FOR THE CONDUCT OF
THIRD PARTIES, INCLUDING OTHER USERS OF
THE SERVICES AND OPERATORS OF EXTERNAL
SITES, AND THAT THE RISK OF THE SERVICES
AND EXTERNAL SITES AND OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
External Locations / Linking:
The Services contain links to external
locations (e.g., other Web Sites, etc.)
and the ability to access external
portions of the Internet. You agree that
Company is not responsible for the
availability of these external
locations, the content, including,
without limitation, solicitations
thereon or products or services made
available thereby. You acknowledge that
some external locations may contain
materials or communications which are
unedited, untrue, illegal in some
jurisdictions and may be offensive. You
agree to access external locations at
your own risk and not to permit minors
to have access in inappropriate
material. You agree that Company shall
not be held responsible or liable,
directly or indirectly, for any loss or
damage caused or alleged to have been
caused in any way whatsoever related to
any such external location. Any concerns
regarding any external location should
be directed to its respective site
administrator, systems operator or
webmaster and to
webmaster@hadesign.net.
You will not link to hadesign.net
without the prior written approval of
Company.
Indemnification:
You agree to defend, indemnify and hold
harmless Company, employees,
agents, attorneys, third-party content
providers and licensors from and against
all claims and expenses, including
attorney's fees and costs, arising out
of your use of the Services and/or your
breach or alleged breach of any term,
condition, obligation, representation or
warranty in this Agreement.
Governing Law:
This Agreement and all aspects of the
Services shall be governed by and
construed in accordance with the
internal laws of the United States and
the Commonwealth of Virginia governing
contracts entered into and to be fully
performed in Virginia (i.e., without
regard to conflict of laws provisions)
regardless of your location. You
acknowledge that the rights granted and
obligations made hereunder to Company
are of a unique and irreplaceable
nature, the loss of which shall
irreparably harm Company and which
cannot be replaced by monetary damages
so that Company shall be entitled to
seek injunctive or other equitably
relief (without the obligations of
posting any bond or surety) in the event
of any breach or anticipatory breach by
you. You irrevocably waive all rights to
seek injunctive or other equitable
relief and agree to limit your claims to
claims for money damages. You agree that
any suit, action or proceeding arising
out of or relating to this Agreement or
any of the transactions contemplated
herein (including without limitation,
statutory, equitable or tort claims)
shall be instituted and prosecuted under
the exclusive jurisdiction of any state
or Federal court empowered to enforce
this Agreement located in Alexandria,
Virginia and waive any
objection thereto on the basis of
personal jurisdiction or venue. However,
Company may, in its sole and exclusive
discretion, exercise the option to
initiate (or to dismiss its suit, action
or proceeding in Virginia and then
initiate) any such suit, action or
proceeding in any court of competent
jurisdiction in any territory in which
you are present or conduct business or
other activities. In any suit, action or
proceeding initiated in any state or
Federal court in Virginia, you and
Company irrevocably submit to the
jurisdiction and venue of all state and
Federal courts of Virginia and waive
any and all objection to such
jurisdiction that either may have under
the laws of the Commonwealth of Virginia, the
United States or otherwise and also
waive any right to challenge the
convenience of Virginia as an
appropriate forum. Company and you
hereby waive their respective rights to
trial by jury of any cause of action,
claim, counterclaim or cross-complaint
in any action, proceeding and/or hearing
brought by either Company against you or
you against Company on any matter
whatsoever arising out of, or in any way
connected with, this Agreement, the
relationship between Company and you,
any claim of injury or damage or the
enforcement of any remedy under any law,
statute or regulation, emergency or
otherwise, now or hereafter in effect.
Miscellaneous:
These Terms of Use constitute the entire
agreement of the parties with respect to
the subject matter hereof and supersedes
all previous written or oral agreements
between the parties hereto with respect
to such subject matter. No waiver by
either party of any breach or default
hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or
default. The section headings used
herein are for convenience only and
shall not be given any legal import. You
hereby waive any and all defenses you
may have based on the electronic form of
this Agreement and the lack of signing
by the parties hereto to execute this
Agreement.
|
Intellectual Property Complaint
Policy
HA Design Group
takes the
intellectual property rights of
others very seriously and
complies with the complaint
procedures of the Digital
Millennium Copyright Act. If you
believe that any of the material
on our Web Site infringes any
rights, including copyrights or
trademarks, owned by you, or by
an owner for which you are
authorized to act, please email
to us the specific details of
your claimed infringement to
webmaster@hadesign.net.
Complaints or Notices:
If you
have any questions or complaints please
contact
webmaster@hadesign.net.
|
 |
|