1. Acceptance of Terms of Use and Amendments Each time you use or
cause access to this web site, you agree to be bound by these Terms of
Use, and as amended from time to time with or without notice to you. In
addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to
those services and they shall be incorporated by reference into these
Terms of Use. Please see our Privacy Policy, which is incorporated into
these Terms of Use by reference.
2. Our Service Our web site
and services provided to you on and through our web site on an "AS
IS" basis.You agree that the owners of this web site exclusively
reserve the right and may, at any time and without notice and any
liability to you, modify or discontinue this web site and its services
or delete the data you provide, whether temporarily or permanently. We
shall have no responsibilty or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of any data or
information.
3. Your Responsibilities and Registration Obligations In
order to use this web site, you must register on our site, agree to
provide truthful information when requested, and be at least the age of
thirteen (13) or older. When registering, you explicitly agree to our
Terms of Use and as may be modified by us from time to time and
available here.
4. Privacy Policy Registration data and
other personally identifiable information that we may collect is
subject to the terms of our Privacy Policy.
5. Registration and Password You
are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your account and/or login,
whether authorized or unauthorized by you. You agree to immediately
notify us of any unauthorized use or your account or
password.
6. Your Conduct You agree that all information or
data of any kind, whether text, software, code, music or sound,
photographs or graphics, video or other materials ("Content"),
publicly or privately provided, shall be the sole responsibility of the
person providing the Content or the person whose user account is used.
You agree that our web site may expose you to Content that may be
objectionable or offensive. We shall not be responsible to you in any
way for the Content that appears on this web site nor for any error or
omission. You explicitly agree, in using this web site or any service provided, that you shall not: (a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law; (b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d)
provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent; (e) provide any
Content that may give rise to our civil or criminal liability or which
may consititue or be considered a violation of any local, national or
international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site By providing any Content to our web site: (a)
you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology known or later
developed; (b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7; (c) you acknowledge and agree
that we shall have the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without
notice.
8. Third Party Services Goods and services of third
parties may be advertised and/or made available on or through this web
site. Representations made regarding products and services provided by
third parties are governed by the policies and representations made by
these third parties. We shall not be liable for or responsible in any
manner for any of your dealings or interaction with third parties.
9. Indemnification You
agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct or
connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the
rights of another person or party.
10. Disclaimer of warranties You
understand and agree that your use of this web site and any services or
content provided (the "service") is made available and provided to
you at your own risk. It is provided to you "as is" and we expressly
disclaim all warranties of any kind, implied or express, including but
not limited to the warrantires of merchantability, fitness for a
particular purpose, and non-infringement. WE MAKE NO WARRANTY,
IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY
QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers
of implied warranties and the above disclaimer may not apply to you
only as it relates to implied warranties.
11. Limitation of liability YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE
COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO OR THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights We
reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our web site or service without our prior written consent.
13. Notification of Copyright Infringement If
you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted at the following
address*: waseem@designgadgets.com
14. Applicable Law You agree that this Terms of Use
and any dispute arising out of your use of this web site or our
products or services shall be governed by and construed in accordance
with local laws where the headquarters of the owner of this web site is
located, without regard to its conflict of law provisions. By
registering or using this web site and service you consent and submit
to the exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
15. Miscellaneous Information (i)
In the event that this Terms of Use conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the
remainder of this Terms of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use
shall not be considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms
of Use and we shall be relieved of any further obligation.
