WEB SITE TERMS OF USEWow! You actually came to this page. Our lawyers made us include it and
made us use a precious button on our home page to get you here. At first, we
thought the lawyers were a real pain. But then we read the page. What a
Netwakening! It's really important stuff. We took the legalese the lawyers
wrote and translated it into readable English. So be a smart nethead and read
the stuff on this page. It could prevent you from hearing from our lawyers, or
worse yet, from really nasty people, like prosecutors.
Member's use of
Templates
By becoming a member of 123WebTemplatesAndMore.com you can download
templates from the members only area. When you do, you agree to the
following License Agreement:
- The templates may be used for your own and/or your customers' websites,
but you may not put them on a diskette, CD, website or any other medium and
offer them for redistribution or resale. For example, if you are a web
developer and consultant you are free to use the templates in the design of
your customers' websites, as many times as you'd like. However the templates
may not be resold in any sort of collection.
- The templates are provided "as is" without warranty of any kind, either
expressed or implied. You are responsible for adding or editing your
website's content (e.g. pictures, photos, and text) to the template
yourself.
- In no event shall 123WebTemplatesAndMore.com be liable for any damages
including, but not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the use of or inability
to use the templates from 123WebTemplatesAndMore.com.
- 123WebTemplatesAndMore.com reserves the right to change and/or modify
these terms with no prior notice.
By becoming a member, and staying a member for 1 full year, you own any
templates you downloaded with the specified use restrictions
described above. Even if you decide not renew your membership after the
first year, all the templates you have downloaded from us are still yours to
use.
However, if you cancel your membership before the first year is up, you no
longer have any rights to the templates you have downloaded and will need to
delete all copies, electronic or otherwise, including any client copies or
websites you may have done.
Member's use of
eBooks and other Training Materials
As a member of 123WebTemplatesAndMore.com you have access to the Webmaster
eBook and training library in the members only area. When you download
eBooks or other provided training material, you agree to the following License
Agreement:
- Training Material is provided for your own use. You may put them
on a diskette, CD, website or any other medium for your personal use, but
you cannot offer them for redistribution or resale. .
- The training material and eBooks are provided "as is" without warranty
of any kind, either expressed or implied.
- In no event shall 123WebTemplatesAndMore.com be liable for any damages
including, but not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the use of or inability
to use the training from 123WebTemplatesAndMore.com.
- 123WebTemplatesAndMore.com reserves the right to change and/or modify
these terms with no prior notice.
By becoming a member, and staying a member for 1 full year, you own any
ebooks or training you downloaded with the specified use
restrictions described above. Even if you decide not renew your
membership after the first year, all the ebooks and training you have
downloaded from us are still yours to use.
However, if you cancel your membership before the first year is up, you no
longer have any rights to the ebooks and training you have downloaded and will
need to delete all copies, electronic or otherwise.
Member's use of
Software
As a member of 123WebTemplatesAndMore.com you have access to the Webmaster
Software Tools Library in the members only area. When you download
and/or use software from this website, you agree to the following License
Agreement:
- The Software tools provided are for you and/or your customers' websites,
but you may not put them on a diskette, CD, website or any other medium and
offer them for redistribution or resale. For example, if you are a web
developer and consultant you are free to use the tools in the design of your
customers' websites, as many times as you'd like. However the tools may not
be resold in any sort of collection.
- The software tools are provided "as is" without warranty of any kind,
either expressed or implied.
- In no event shall 123WebTemplatesAndMore.com be liable for any damages
including, but not limited to, direct, indirect, special, incidental or
consequential damages or other losses arising out of the use of or inability
to use the training from 123WebTemplatesAndMore.com.
- 123WebTemplatesAndMore.com reserves the right to change and/or modify
these terms with no prior notice.
By becoming a member, and staying a member for 1 full year, you own any
software tools you downloaded with the specified use restrictions
described above. Even if you decide not renew your membership after the
first year, all the software tools you have downloaded from us are still yours
to use.
However, if you cancel your membership before the first year is up, you no
longer have any rights to the software tools you have downloaded and will need
to delete all copies, electronic or otherwise, including any client copies or
websites you may have done.
The 123WebTemplatesAndMore.com Website - in General:
Here's the deal:
We run this site so that people like you (and people you like) can use it
for personal entertainment, information, education, communication, and
cybergratification. So go ahead and browse around all you like. If you
are not a member, you can even download stuff from the site but only for
non-commercial, personal use. If you
do, though, don't fool around with the copyright and other notices all over
the stuff. They're there for a really good reason. And don't even think about
distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the stuff, including the text, images, audio, and video,
for public or commercial purposes unless we give you written permission. And
it's not likely we will.
If you visit our site, you're also legally obligated to [read: stuck with]
the terms and conditions listed below and any other law or regulation that
applies to the site, the Internet, the World Wide Web, or Los Angeles, CA. You
shouldn't access or browse the site if you have any problem with that, because
once you start, there's no turning back -- you are bound by [read: stuck with]
the terms and conditions.
So here's the scoop on our Top Ten Rules for Cybersurfers who hang out on
our site:
1. For everyone's sake, just assume that everything on the site is
copyrighted unless we say it's not. So you can't use the stuff except how we
say you can on this page or anywhere else on the site without our written
permission. And like we said before, it's not likely we'll give you permission
anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal
anyway. So it's better you don't even ask.
2. While we try to include accurate stuff on the site, we're not
promising you it's accurate. In fact, we're not promising you anything except
fun and entertainment. So if you use stuff on the site, you're using it at
your own risk. Don't call us if there's a problem because we assume no
liability or responsibility for errors or omissions on the site.
3. We and anybody else who helped us create, produce, or deliver the
site are not liable for any damages you suffer when you use it. In particular,
the lawyers want you to know that our disclaimer includes "direct, incidental,
consequential, indirect, or punitive damages arising out of your access to, or
use of, the site. Without limiting the foregoing, everything on the site is
provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
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. " Ugh! What a mouthful from the mouthpieces. We put all of
that in quotes because we couldn't figure out any other way to say it that the
lawyers would accept. But here's the bottom line -- we're not responsible if
you're browsing around and the site damages you or your computer or infects it
with any nasty viruses. We sure hope that doesn't happen, but if it does,
don't call us.
4. If you don't want the world to know something, don't post in on the
site in any bulletin board or anyplace else. That's because anything you
disclose to us is ours. That's right -- ours. So we can do anything we want
with the stuff you post. We can reproduce it, disclose it, transmit it,
publish it, broadcast it, and post it someplace else. We can even send it to
your mother (as soon as we find her address). Not only that, we can even use
any ideas, concepts, know-how, or techniques you post any way we want to,
including, developing, manufacturing and marketing products or other stuff
using the information you post.
5. Pictures of people or places shown on the site are either our
property or someone else's property we're using with their permission. No
matter what, it's definitely not your property. You or any of your net-friends
can't use it unless we said you could on this page or somewhere else on the
site. And guess what -- we won't say yes. So be careful, Bunky, because
unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff
you download to yourself.
6. There's also a lot of trademarks, logos, and service marks on the
site that either we own or we're using with someone else's permission. So
don't think you have any kind of license or right to use them, because you
don't and we're not about to give you one. If you don't leave them alone and
mess with our trademarks, logos and service marks on our site, we'll probably
go ballistic, so will the companies that own the other trademarks, logos and
service marks. That means that we're likely to sue you or to ask a prosecutor
to come after you for messing around with our property or the property of
others.
7. You'll probably notice we've linked our site to lots of others.
While that's cool, it doesn't mean we've looked at all those sites, much less
checked them out periodically to see what's going on. So don't blame us if
some site you link to is bad or has stuff on it that offends you or your pets.
Go ahead and link, but remember, you're doing it at your risk.
8. That brings us to what you do on our own site. While we
occasionally listen in on chat groups, or look at the posting in our
discussion groups or on our bulletin boards, we take no responsibility and
assume no liability for the content of those locations or for any mistakes,
defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or
profanity you might encounter when you visit such places on our site. And
don't be stupid by posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty,
mean, or profane material or any material that law enforcement types may
consider a criminal offense, get someone in court on a civil lawsuit, or for
that matter violate any law -- anywhere, anytime. While we certainly respect
your privacy, we have no choice but to fully cooperate with any law
enforcement authorities or court which might ask us who might have posted
nasty stuff on our site.
9. Software that we use on this Site is protected by all sorts of
patriotic U.S. laws. Because of that, you can't download or send the software
to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country where United States has embargoed goods; or
(get this) to anyone on the United States Treasury Department's list of
Specially Designated Nationals, the U.S. Commerce Department's Table of Deny
Orders, or the FBI's Most Wanted Internet Creeps List (just kidding on the
last one). As if that were not tough enough, if you live in or are a national
of any of those lovely places, you're not even supposed to be reading this
page, so beat it!
10. We're also allowed to change this page and anything else on the
site any time we want to. That's because it's ours and we have the programmers
who can do it. If we do change the page, then you're bound by [read: stuck
with] those changes, too, whenever you visit our site.
11. If either of us wants to make something of it and wants to “sue”
(a dirty word) then we have to follow these rules of engagement. (sort of
according to the Geneva Convention):
This
Agreement is governed by the laws of the State of
Oregon,
without regard to principles of conflict of laws.
To the extent
you have in any manner violated or threatened to violate
123WebTemplatesAndMore.com
and/or its affiliates' intellectual property rights,
123WebTemplatesAndMore.com
and/or its affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of
Oregon,
and you consent to exclusive jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a dispute
arises under this agreement, we agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following location:
Washington County.
Any costs and fees other than attorney fees associated with the mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at
the following location: Washington
County, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
If this all sounds kind of mean and undiplomatic, you should have seen what
the lawyers gave to us in the first place. We had to remind them that human
torture and sacrifice was outlawed in the United States. Boy, did they look
disappointed!
08/01/03
123WebTemplatesAndMore.com