Terms of Use
for WebSiteEZBuilder.com
1. Acceptance
of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree
to be bound by these Terms of Use, and as amended from time to
time with or without notice to you. In addition, if you are using
a particular service on or through this web site, you will be
subject to any rules or guidelines applicable to those services
and they shall be incorporated by reference into these Terms of
Use. Please see our Privacy Policy, which is incorporated into
these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web
site on an "AS IS" basis.You agree that the owners of
this web site exclusively reserve the right and may, at any time
and without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide,
whether temporarily or permanently. We shall have no responsibilty
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 make a purchase from this web site, you must register
on our site, agree to provide truthful information when requested,
and be at least the age of eighteen (18) or older. When registering,
you explicitly agree to our Terms of Use and as may be modified
by us from time to time and available here.
4. Privacy
Policy.
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy Policy.
5. Registration
and Password.
You are responsible to maintain the confidentiality of your password
and shall be responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You agree to
immediately notify us of any unauthorized use or your registration,
user account 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"), publicly or privately
provided, shall be the sole responsibility of the person providing
the Content or the person whose user account is used. You agree
that our web site may expose you to Content that may be objectionable
or offensive. We shall not be responsible to you in any way for
the Content that appears on this web site nor for any error or
omission.
You explicitly
agree, in using this web site or any service provided, that you
shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this
web site or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil
or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person
or entity, or 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 this web site and 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 our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may consititue or be considered a violation
of 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 this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us 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
known or later developed;
(b) you warrant and represent that you have all legal, moral,
and other rights that may be necessary to grant us with the license
set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but
not obligation), in our sole discretion, to refuse to publish
or to remove or 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 this web site. Representations made regarding
products and services provided by third parties are governed by
the policies and representations made by these third parties.
We 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 us harmless, our 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, that is due to or arising
out of your conduct or connection with this web site or service,
your provision of Content, your violation of this 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 we expressly disclaim all warranties
of any kind, implied or express, including but not limited to
the warrantires of merchantability, fitness for a particular purpose,
and non-infringement.
WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US
NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE
OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION
IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions
may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied
warranties.
11. Limitation
of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN
IF WE HAVE 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 TO OBTAIN 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 OR CONDUCT OF ANY THIRD PARTY ON 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.
We reserve all of our rights, including but not limited to any
and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its
content, and the goods and services that may be provided. The
use of our rights and property requires our prior written consent.
We are not providing you with any implied or express licenses
or rights by making services available to you and you will have
no rights to make any commercial uses of our web site or service
without our prior written consent.
13. Notification
of Copyright Infringement.
If you believe that your property has been used in any way that
would be considered copyright infringement or a violation of your
intellectual property rights, our copyright agent may be contacted
at the following address:
Dragons Flight
Studio
WebSiteEZBuilder.com
14781 Memorial Dr., Ste 626
Houston, TX 77079
14. Applicable
Law.
You agree that this Terms of Use and any dispute arising out of
your use of this web site or our products or services shall be
governed by and construed in accordance with local laws where
the headquarters of the owner of this web site is located, 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 the county or city where the headquarters
of the owner of this web site is located.
15. Miscellaneous
Information.
(i) In the event that this Terms of Use conflicts 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 this Terms of Use will
remain valid and intact; (ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver
of any that party's right and that right will remain in full force
and effect; (iii) You agree that without regard to any statue
or contrary law that any claim or cause arising out of this web
site or its services must be filed within one (1) year after such
claim or cause arose or the claim shall be forever barred; (iv)
We may assign our rights and obligations under this Terms of Use
and we shall be relieved of any further obligation.
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