Carnell Design - Terms and Conditions for Members and Users Agreement
Last updated 09/01/2011
These terms and conditions of use are an agreement between Carnell Design and you the user or member (Members or Users will be referred to as “you?in this agreement). This agreement ("Agreement") also governs your use of any content or information (the "content") made available to you by Carnell Design through this web site (the "site").
Please read these Terms and conditions of use carefully before using this site. By using this site, you signify your assent to these terms and conditions of use, as well as all provisions, disclaimers and disclosures on this site. If you do not agree to all these Terms and Conditions of use, do not use this Site. Carnell Design may revise and update this agreement at anytime. Your continued use of the site will mean you accept those changes.
By using this web site, you are indicating that you are eighteen (18) years old or older, and agree to be bound by this Agreement. You may print and keep a copy of this Agreement. We may change this Agreement from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Agreement. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose. Carnell Design has the right to remove any material that we deem inappropriate example: Pornography or material that doesn’t reflect the look or philosophy of the site.
Hyperlinks and Third-Party Sites
As you use the site, you may encounter windows and hyperlinks that take you to web pages or web sites of other companies with which we contact, either to make their content available to you or to enable you to communicate directly with those companies. Carnell Design has no control over such sites and resources. You acknowledge and agree that Carnell Design is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Carnell Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Participants may post their email addresses to allow direct discussion between participants outside of the public forums. Posts from participants may contain links to sites on the Internet that are owned and operated by third parties. Carnell Design is not responsible for the availability of, or the content located on or through, any external site. If you choose to proceed to an external site, you proceed at your own risk.
Copyright and Other Proprietary Rights
The content and other intellectual property available through this web site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) is either the property of our members or Carnell Design and is protected by domestic and international copyright and other intellectual property laws. Submissions to Carnell Design remain the property of our members along with all applicable copyrights. This web site is also copyrighted as a collective work under United States copyright law. You may, disseminate and use information received through the site, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which it appeared in this web site, original source attribution, and the phrase "Used with permission from Carnell Design". You may not post any content from this web site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Carnell Design To request consent for other matters, please contact Carnell Design You acknowledge and agree that the Site and all information, data and content included therein (the "Content" contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws). You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or the Site‘s advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Copyright 2007 Carnell Design. All rights reserved. All site contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by Carnell Design and its suppliers.
Any information, images, text, comments, or opinions posted on Carnell Design must be the original thoughts and work of the participant. The posting of information that plagiarizes, violates or infringes upon the right of any third party is not allowed. This includes copyright, trademark and proprietary rights. Non-original content may only be posted with the permission and due credit of the third party.
DISCLAIMER OF WARRANTIES AND LIABILITY Due to the number of sources from which content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Carnell Design and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, current-ness, non-infringement, merchantability or fitness for a particular purpose of the content available through Carnell Design Neither Carnell Design nor any of its affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury resulting directly or indirectly from use of Carnell Design whether caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering Carnell Design ‘s features or content. In no event will Carnell Design, its affiliates, agents or licensors be liable for any decision made or action taken by users in reliance on such features or content. Carnell Design and its affiliates, agents and licensors shall not be liable to users or anyone else for any consequential damages, including, without limitation, special, incidental, indirect, or similar damage, even if advised of the possibility of such damages.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Carnell Design provides the Site and its content on an "As Is" basis, and Carnell Design grants no warranties to you (express, implied, statutory, or otherwise) via any communication with Carnell Design with respect to the site and the information received via the site. Carnell Design specifically disclaims any implied warranty of non-infringement, merchantability or fitness or a particular purpose. Carnell Design does not warrant that your use of the site will be uninterrupted, always available or error-free, Carnell Design will meet your requirements, or that any defects in the site will be corrected. Carnell Design disclaims liability for, and no warranty is made with respect to, the availability of the site, including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or other interruption in service.
LIMITATION OF LIABILITY
You agree that the sole and maximum liability of Carnell Design, its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with this web site or the content in this web site shall be limited to one hundred dollars.
Suspension or Termination of Use of the Site Warranties and Product Warnings
Carnell Design does not represent or warrant the truthfulness, accuracy or reliability of any material posted by or endorse any opinions expressed by discussion participants. Participants acknowledge that any reliance on material posted by other participants will be at their own risk. We shall send you any warranties or other product information provided to us by the artists. Under certain circumstances, the materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the artist. If the product information contains warnings about risks of this type, you assume all responsibility for such use. For example, not all decorative objects can be used for eating and/or drinking; some are only for display and viewing pleasure. Carnell Design makes no warranties whatsoever in regard to the artwork nor do we prepare or provide product information beyond that provided by the artist.
The following trademarks are our property: Carnell Design, EffectiveDesignSolutions.com. These marks may not be used without our consent on any product or service, except our own, in a manner that confuses consumers or dilutes the distinctiveness of the marks. Carnell Design trademarks may not be used in connection with any product or service that is not Carnell Design, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Carnell Design
Carnell Design forums can be used as a means to find sources for products and services. Commercial vendors and suppliers are invited and encouraged to respond to the inquiries of participants in any forum on the grounds that they identify themselves as commercial vendors and suppliers. Unsolicited postings that advertise products and services that are not in direct response to the inquiries of forum participants are not allowed. All unsolicited commercial advertisements are subject to removal from all forums in Carnell Design, at Carnell Design‘s sole and unlimited discretion. You agree to allow the use of any material posted on Carnell Design, to be used by Carnell Design to promote the site.
Obscene, defamatory, threatening, harassing or abusive information is not allowed and will be removed if Carnell Design moderators have actual notice of and reasonable grounds (as determined in good faith by Carnell Design in its sole discretion) to believe that the information is obscene, defamatory, threatening, harassing or abusive.
GOVERNING LAW AND JURISDICTION
Your use of this web site and all related rights and obligations, shall be governed by the laws of the United States of America and the state of Michigan, as if your use was a contract wholly entered into and wholly performed within Michigan of proceeding with respect to this web site or any matter related thereto may be brought exclusively in the courts of Michigan or the United States of America for the district of Grand Haven, Michigan. By using this web site, you accept generally and unconditionally the jurisdiction of the a fore said courts and irrevocably waive any objection to such jurisdiction.
If any clause or provision set forth herein is determined to be illegal, in valid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severed without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms and Conditions of use.
This site is provided by Carnell Design on an "as is" basis. Carnell Design makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site, to the full extent permissible by applicable law.
You agree to indemnify and hold Carnell Design and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorney fees, made by a third party due to or arising from or in connection with your use of the site, use of content provided via the site or breach of these terms and conditions of use.
You shall comply with all applicable laws, statues, ordinance and regulations regarding your use of the site.
In order to become/remain a member of our community, all members must agree to receive periodic, email updates from Carnell Design. The emails are to notify you of changes, updates, and promotions.
Carnell Design Hosting Center Legal Agreement