Thank you for visiting! We would like to be sure that your experience on the iTiSdESign.com Web site is a pleasant and productive one.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (the 'Agreement") CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR PREVIOUS VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
- TERMS AND CONDITIONS
- PARTNERS
- USERS/PARTICIPANTS
- TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
LINKS - PRIVACY ISSUES
- PRODUCT AND SERVICES INFORMATION
- BULLETIN BOARD GUIDELINES
- Conduct of Users
- Content
- Personal Responsibility - NOTICE AND TAKE DOWN PROCEDURES
- DISCLAIMERS AND INDEMNITY
- LIMITATION OF LIABILITY
- TERMINATION
- JURISDICTION
- COMMENTS, COMPLAINTS AND QUESTIONS
TERMS AND CONDITIONS
What iT iS dESign studios's ("iTiSdESign") Web site and board community (the "Web site") are currently provided free-of-charge to users who agree to abide by the Terms and Conditions of this Agreement. iTiSdESign reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as iTiSdESign sees fit. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services.Users should check these Terms and Conditions periodically. By using the Web site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Web site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Web site.
PARTNERS
At What iT iS dESign studios, "Partner" means that we have teamed up with leading companies to bring you quality services and products. "Partner" does not mean that we are partners with these companies for legal purposes.All companies that we feature on our Web site are solely responsible for their own obligations to you.
USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.No person under the age of 13 should use the Web site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Web site by any user shall be deemed to be a representation that the user is 13 years of age or older.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Web site and all materials on the Web site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Assets") is the property of iTiSdESign and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by iTiSdESign and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Assets from www.itisdesign.com, our bulletin board, or any other Web site owned or operated by iTiSdESign without the prior written permission of iTiSdESign . However, you may download or make one copy of the Assets, and other downloadable items displayed on the Web site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Assets are left intact. Any modification of the Assets, or any portion thereof, or use of the Assets for any other purpose constitutes an infringement of the iTiSdESign's copyrights and other proprietary rights. Use of these Assets on any other Web site or other networked computer environment is prohibited without prior written permission from iTiSdESign .Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Web site or any information displayed on this Web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of iTiSdESign or such third party that may own the trademark or copyright of information displayed on this Web site.
LINKS
iTiSdESign is not responsible for the Content of any sites that may be linked to or from www.itisdesign.com, or any bulletin board associated with iTiSdESign . These links are provided for your convenience only and you access them at your own risk. Any other Web site accessed from this Web site is independent from iTiSdESign, and iTiSdESign has no control over the Content of that other Web site. In addition, a link to any other Web site does not imply that iTiSdESign endorses or accepts any responsibility for the Content or use of such other Web site.In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by iTiSdESign of that third party or of any product or service provided by a third party.
PRIVACY ISSUES
iTiSdESign is concerned about privacy matters for its customers. Please review our Privacy Statement.PRODUCT AND SERVICES INFORMATION
Most products and services offered on the Web site are available throughout the United States, however, prices and availability may vary. Prices shown on the Web site apply to the products and services on the Web site and may change at any time without notice.We attempt to display all products shown on the Web site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an e-mail order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
BULLETIN BOARD GUIDELINES
iTiSdESign is providing a community-based bulletin board for users to exchange information and ideas regarding business. Because of the interactive nature of on-line bulletin boards, we think it is important to establish guidelines for its use.CONDUCT OF USERS
You are entirely responsible and liable for all activities conducted by you. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Web site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Web site:(1) harass, stalk, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
(2) transmit via or through the Web site any information, data, text, files, links, software, chat, communication or other materials ("Content") that is or which iTiSdESign considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
(3) attempt to transmit any "virus","trojan horse" or other software destruction or disruption device;
(4) impersonate any other person, including but not limited to, an iTiSdESign.com official, expert or bulletin board leader, guide or host;
(5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards. This shall also prohibit the following: solicitation of credit card numbers, solicitations for sponsors, or promotion of raffles, contests, or multilevel marketing or pyramid schemes. Our bulletin board is a forum for information and ideas exchange only.;
(6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Web site or in connection with your use of the Web site, in any manner;
(7) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and
(8) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
CONTENT OF BULLETIN BOARDS
You and any user of the Web site must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. iTiSdESign shall have the right, but not the responsibility, to remove Content that is deemed, in its sole discretion, unlawful, discriminatory, obscene, harmful, offensive, or otherwise in violation of this Agreement or any rules iTiSdESign has in place at the time. We may elect, in our sole discretion, to monitor some, all, or no areas of the Web site, or bulletin boards for adherence to this Agreement or iTiSdESign's rules.Please remember that we do not guarantee the Contents of what you read on-line and that other people's comments may be offensive or inaccurate.
PERSONAL RESPONSIBILITY
You are responsible for the Content of any messages you post in our community or anything you say on our bulletin board. Do not post personal identification or other personal data on these bulletin boards. Remember that people may just be expressing their opinions or relating their personal experiences here, so you wouldn't want to rely on what you read on the board as being professional or expert advice.Also, bulletin boards are essentially a "public place"; all users are prohibited from posting confidential information of third parties on our bulletin boards. The posting of confidential information on the boards could subject you to criminal and civil penalties, and we will cooperate with the authorities in connection with any suspected or actual violation of this prohibition.
Information on the entire Web site including the bulletin boards does not reflect advice or opinions of our staff. The results of any actions you take based on the advice you find in our community are your responsibility alone.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Content present on this Web site infringes your copyright, you may request such Content to be removed from this Web site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the iTiSdESign copyright agent (identified below) and provide the following information: - A clear statement identifying the works, or
other materials believed to be infringed.
- A statement from the copyright holder or authorized
representative that the materials are believed
to be infringing.
- Sufficient information about the location of
the allegedly infringing materials so that iTiSdESign can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury
that the information supplied is accurate, and
that you are authorized to act on the copyright
owner's behalf.
- A signature or the electronic equivalent from
the copyright holder or authorized representative.
iTiSdESign's agent for copyright issues relating to this
Web site is A. Neff.
DISCLAIMERS AND INDEMNITY
By using the Web site and/or posting materials, you agree to indemnify iTiSdESign, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any Content that is provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. iTiSdESign reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.The information contained in this Site is for general guidance on topics selected by iTiSdESign. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Web site. The information on this Web site is provided with the understanding that iTiSdESign and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Web site should not be relied upon or used as a substitute for direct consultation with professional advisors.
THIS WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THEM OR ITISDESIGN (AND ITS AFFILIATED ENTITIES, TOGETHER " THE COMPANY ") REPRESENTS OR ENDORSES THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS WEB SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE WEB SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE, AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all Content, merchandise and services available through this Web site.
LIMITATION OF LIABILITY
NEITHER ITISDESIGN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEB SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF ITISDESIGN (OR ANY THIRD PARTY POSTING INFORMATION ON THIS WEB SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ITISDESIGN'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS WEB SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).TERMINATION
iTiSdESign may, in its sole discretion, terminate or suspend your access to all or part of the Web site, including, but not limited to, any message boards on the Web site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Assets appearing on the Web site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by iTiSdESign, your sole remedy is to terminate this Agreement.JURISDICTION
iTiSdESign operates the Web site from its offices within the United States. iTiSdESign makes no representations that Content and materials on the Web site are legal or appropriate for use from outside the United States. If you choose to access the Web site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Web site in violation of US export laws and regulations.This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Indiana, as it is applied to Agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Web site will be brought in either the State or Federal Courts of the Commonwealth of Indiana; provided, however, that notwithstanding anything contained in this Agreement to the contrary, iTiSdESign shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce iTiSdESign's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Web site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire Agreement between you and iTiSdESign concerning your use of the Web site, and the Agreement will not be modified, except in writing, signed by both parties.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Web site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Web site shall be and remain the exclusive property of iTiSdESign, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.Should you have any questions or complaints regarding violations of this Agreement, please contact us.
