Legal Stuff
(c) 2010 by Randy South design Inc. All rights reserved.
Randy South design Inc is a California corporation.
This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Precision Wordage Inc ("Company") may revise these Terms and Conditions at any time by updating this posting. You ("User") should visit this page periodically to review the Terms and Conditions, because they are binding on You, the User.
Section 1. Use of Materials.
The contents of this Web Site, such as text, graphics, images, audio, video clips, photographs, illustrations, multimedia materials, and other materials, (the "Materials") are solely owned and the property of Company, except for those materials which are owned by third party suppliers of Company. User acknowledges that User does not acquire any ownership rights in the Materials by downloading or accessing the Materials.
User may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, reproduce, display, publicly perform, distribute, or otherwise use or exploit the Materials in any way for any public or commercial purpose. User agrees not to assign, transfer or sublicense User's rights to any Materials and services on the Web Site, including, but not limited to, free and fee-based Materials and services. As such, the use of the Materials on any other Web site or in a networked computer environment for any purpose is prohibited.
The Materials are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws.
User agrees not to use any trademarks, service marks, names, logos, or other identifiers of the Web Site, Company, or Company's employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Company or the relevant Affiliate. In addition, User may not use Company or Affiliate's trademarks:
1. in, as, or as part of, your own trademarks or those of any third parties;
2. to identify products or services that are not those of Company and the Web Site;
3. in a manner likely to cause confusion; or
4. in a manner that implies inaccurately that Company or the Web Site sponsors, endorses, or is otherwise connected with, your own activities, products and services or those of third parties.
User agrees not to interrupt, or attempt to interrupt, the operation of the Web Site in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by any provision of these terms and conditions.
All rights not expressly granted are herein reserved.
Section 2. User Submissions.
Generally, any communication that User posts to the Web Site is non-confidential. If particular Web pages permit the submission of communications that will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, User automatically grants Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
User is responsible for User's own communications and is responsible for the consequences of User posting information or other communications. User acknowledges that: (1) User has no expectation of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between Company and User by reason of User transmitting a communication to the Web Site. Users must not nor assist any other individual or \entity to do any or all of the following:
1. post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner to post it;
2. post material that reveals trade secrets, unless User owns them or has the permission of the owner;
3. post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
4. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
5. post a sexually-explicit image;
6. post advertisements or solicitations of business;
7. post chain letters or pyramid schemes; or
8. impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorses any opinions expressed by Users. User acknowledges that any reliance on material posted by other users will be at User's own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users, however, Company has the right, at its sole discretion to both screen and monitor materials posted by User. If notified by a user of communications, which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to User for performance or nonperformance of such activities. Company reserves the right to expel User and prevent their further access to the Web Site for violating this Agreement or the law and Company reserves the right at all times to edit, disclose, or refuse to post, request removal of or remove any Materials or other communications which are, in Company's sole discretion, abusive, illegal, objectionable, or disruptive.
Section 3. Links to Other Sites.
The Web Site may contain links to third party Web sites. These links are provided solely as a convenience to Users and not as an endorsement by Company of the contents on such third party Web sites. The inclusion of the links does not imply that Company sponsors or is affiliated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that the linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliates. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If User decides to access any linked third party Web sites, User does so at User's own risk. Any concerns that User may have regarding any external link should be directed to that web sites administer or Webmaster.
Section 4. Use of User Information.
The Company may use the information it obtains relating to User, including User's IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes ONLY. Company will NOT disclose, sell, or otherwise distribute User information to third parties.
Section 5. Warranties and Disclaimers.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED ON THE WEB SITE WILL BE UNINTERUPTED OR OPERATE ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF (1) THE WEB SITE, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE WEB SITE, (2) ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES ON THE WEB SITE, OR (3) THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO COMPANY'S NEGLIGENCE. IF USER'S USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING OF USER'S EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. IF USER IS DISSATISFIED WITH THE WEB SITE N NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SUCH COMPANY SHALL NOT BE LIABLE FOR, INCLUDING, WITHOUT LIMITATION, DIRECT AND INDIRECT INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE.
Section 6. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from User's use of the Materials (including Software) or User's breach of the terms of this Agreement. The Company shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.
Section 7. Foreign and Export of the Materials.
This Web Site is based somewhere in New Hampshire, United States of America (we think). The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If User accesses the Web Site from outside of the United States, User does so at User's own risk and is responsible for compliance with the laws of User's jurisdiction.