|
1.
Acceptance of terms of use and amendments
Each time you use or cause access to Crank Web
Design, you agree to be bound by these terms of use,
as amended from time to time with or without notice to
you. In addition, if you are using a particular
service hosted on or accessed via Crank Web Design,
you will be subject to any rules or guidelines
applicable to the said services, and they will be
incorporated by reference within these terms of use.
Please refer to this site's privacy policy, which is
incorporated within these terms of use by reference.
2.
The site editor's service
This web site and services provided to you on
and through Crank Web Design are provided on an
"AS IS" basis. You agree that the site
editor exclusively reserves the right to modify or
discontinue provision of Crank Web Design and its
services, and to delete the data you provide, either
temporarily or permanently; the site and may, at any
time and without notice and any liability to you, The
site editor shall have no responsibility 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 Crank Web Design or certain
parts of it, you may be required to register
a user account on this web site; in this case, you
agree to provide truthful information when requested,
and undertake that you are aged at least the thirteen
(18) or more. By registering, you explicitly agree to
this site's terms of use, including any amendments
made by the site editor from time to time and
available here.
4.
Privacy policy.
Registration data and other
personally-identifiable information that may be
collected on this site is subject to the terms of the
site's privacy policy.
5.
Registration and password
You are responsible for maintaining the
confidentiality of your password, and shall be
responsible for all usage of your user account and or
user name, whether authorized or unauthorized by you.
You agree to immediately notify the site editor of any
unauthorized use or your user account, user name 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"), made available publicly or
privately, shall be under the sole responsibility of
the person providing the content or the person whose
user account is used. You agree that Crank Web Design
may expose you to content that may be objectionable or
offensive. The site editor shall not be responsible to
you in any way for the content that appears on Crank
Web Design, nor for any error or omission.
By using Crank Web Design or any
service provided, you explicitly agree that you shall
not:
(a) provide any content or conduct yourself in any way
that may be construed as: unlawful; illegal;
threatening; harmful; abusive; harassing; stalking;
tortuous; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to
interfere or interrupt Crank Web Design or any service
provided, infected with a virus or other destructive
or deleterious programming routine; giving rise to
civil or criminal liability; or in violation of United
States of America, applicable local, national or
international law;
(b) impersonate or misrepresent your association with
any person or entity; 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 Crank Web Design for the provision
of 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 the site editor's
prior written consent;
(e) provide any content that may give rise to civil or
criminal liability of the site editor, or that may
constitute or be considered a violation of United
States of America, 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 Crank Web Design
By providing any content to Crank Web Design:
(a) you agree to grant the site editor 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
already known or developed subsequently;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant
us the license specified in this section 7;
(c) you acknowledge and agree that the site editor
shall have the right (but not obligation), at the site
editor's entire discretion, to refuse to publish, or
to remove, or to 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 Crank
Web Design. Representations made regarding products
and services provided by third parties are governed by
the policies and representations made by these third
parties. The site editor 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 harmless the
site editor and the site editor's 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, due to or arising out
of your conduct or connection with Crank Web Design or
service, your provision of content, your violation of
these 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 THE SITE EDITOR EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY,
IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS
IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR
ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY
OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY
AT YOUR OWN RISK, AND THAT THE SITE EDITOR MAY NOT BE
HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow
disclaimers of implied warranties, and certain
statements in the above disclaimer may not apply to
you as regards implied warranties; the other terms and
conditions remain enforceable notwithstanding.
11.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE
SITE EDITOR SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSS (EVEN IF THE SITE EDITOR HAS
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 OF
OBTAINING SUBSTITUTE GOODS AND OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE
SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD
PARTY OR CONDUCT OF ANY THIRD PARTY USING 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
The site editor reserves all of the site
editor's rights, including but not limited to any and
all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that the site editor
may have for Crank Web Design, its content, and the
goods and services that may be provided. The use of
the site editor's rights. and property requires the
site editor's prior written consent. By making
services available to you, the site editor is not
providing you with any implied or express licenses or
rights, and you will have no rights. to make any
commercial uses of Crank Web Design or service without
the site editor's prior written consent.
13.
Notification of copyright infringement
If you believe that your property has been used
in any way that would be considered a copyright
infringement or a violation of your intellectual
property rights, the site editor's copyright agent may
be contacted at the following address:
Click here to
contact the webmaster
[Other contact information including address or
information concerning a designated agent]
14.
Applicable law
You agree that these terms of use and any
dispute arising out of your use of Crank Web Design or
the site editor's products or services shall be
governed by and construed in accordance with local
laws in force of United States of America,
headquarters of the owner of Crank Web Design, 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 United States of America, headquarters of the
owner of Crank Web Design.
15.
Miscellaneous information
(ID 1033 0 1) In the event that these terms of
use conflict 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
these terms of use will remain valid and intact; (ii)
The failure of either party to assert any right under
these terms of use shall not be considered a waiver of
that party's right, and that right will remain in full
force and effect; (iii) You agree that, without regard
to any statute or contrary law, that any claim or
cause arising out of Crank Web Design or its services
must be filed within one (1) year after such claim or
cause arose, or else the claim shall be forever
barred; (iv) The site editor may assign the site
editor\;s rights and obligations under these terms of
use; in this case, the site editor shall be relieved
of any further obligation.
|
