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LEGAL INFO & TERMS AND CONDITIONS
Find out what is acceptable and
what is not
BY USING DESIGNELLE.COM YOU ACKNOWLEDGE
THAT YOU HAVE READ THE AGREEMENT BELOW, AND AGREE TO BE BOUND
BY ITS TERMS:
Terms
and Conditions of Use
Designelle Corporation (hereinafter referred to as "DESIGNELLE.COM,"
"Designelle Corporation", "Designelle Corp."
or "we"), provides this Terms and Conditions of
Service agreement to the User (hereinafter referred to as
"you") as a user of DESIGNELLE.COM. By using DESIGNELLE.COM,
you are indicating your agreement to be bound by all of the
terms in this agreement. If you do not wish to be bound by
this agreement, do not use DESIGNELLE.COM. DESIGNELLE.COM
may change the terms and conditions of this agreement at any
time and without prior notice to you. You agree to be bound
by all of the terms of this, and all future agreements, as
long as you use DESIGNELLE.COM. The terms of this agreement
may be updated from time to time.
By signing up on our mailing list,
you agree to only sign up your own personal e-mail address.
When contacting or corresponding with Designelle, you agree
that all information is true and accurate. You may only maintain
one active registration with DESIGNELLE.COM.
By signing in to the Support Ticket
system of Designelle, you agree that the information supplied
is for personal use only. Information given there is to be
used as a reference only.
Content
Content is defined as any information, communications, software,
photos, video, graphics, music, sounds, and other material
and services that can be viewed by users on DESIGNELLE.COM.
This includes, but is in no way limited to message boards,
support tickets, chat, and other original content. By accepting
this agreement, you agree that all content located at DESIGNELLE.COM
is the sole property of DESIGNELLE.COM and may not be reproduced
without prior written consent of DESIGNELLE.COM. All content
herein is protected under Canadian, US and international copyright
laws and is intended for personal use only. You may not: modify,
publish, retransmit, participate in the transfer or sale of,
further copy, create derivative works from, distribute, perform,
or display, any of the content in any way, except that you
may make one copy for your personal use.
DESIGNELLE.COM provides information,
commentary, and entertainment on a broad range of topics.
You agree that under no circumstances, and in no event, shall
DESIGNELLE.COM be liable for direct, indirect, or incidental
damages resulting from your use of that information, commentary,
or entertainment. You agree to indemnify DESIGNELLE.COM and
hold it harmless from any actions, claims, proceedings, or
liabilities arising from your use of the Content.
You agree that DESIGNELLE.COM shall
have an unlimited license to republish anything that you post
in our forums. DESIGNELLE.COM shall only republish such posts
in context, and shall NOT republish them for advertising purposes
without your permission.
Conduct
You agree to use DESIGNELLE.COM for lawful purposes only.
You may not use, or allow others to use, DESIGNELLE.COM, either
directly or indirectly, to:
- Transmit any content (content
includes, but is in no way limited to, content that is viewable
by others on the site, comments and/or artwork) that is
abusive, vulgar, obscene, hateful, fraudulent, unlawful,
threatening, harassing, or defamatory;
- Post or transmit any matter that
you do not have a right to transmit under law (such as copyright)
or under contractual or fiduciary relationships (as in nondisclosure
agreements);
- Harass or threaten any member
of DESIGNELLE.COM or other entity, or any individual;
- Post, transmit, promote, link
to or facilitate the distribution of any content that can
be construed as libel, slander, harassment, hate speech,
obscenity, or pornography. We reserve the right to remove
any content that could be viewed as libel, slander, harassment,
hate speech, obscenity, or pornography without notice of
removal;
- Impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Post, transmit, or facilitate
the transmission of statements that are intentionally false
or misleading;
- Post or transmit, or cause to
be posted or transmitted, chain letters or pyramid schemes;
- Post or transmit, or cause to
be posted or transmitted, any unsolicited advertising, promotional
materials, or other forms of solicitation;
- Intentionally violate any software
license agreement with a software vendor;
- Intentionally violate any applicable
local, state, national, international or foreign law;
You agree that you will be held
responsible for any and all statements made and acts or omissions
that occur through the use of DESIGNELLE.COM. Please don't
ever disclose your password. You agree that DESIGNELLE.COM
may at any time, and at its sole discretion, terminate your
password without prior notice to you for violating any of
the above provisions.
While DESIGNELLE.COM does not and
cannot review all transmissions by users in any of the community
areas of our site, you acknowledge that DESIGNELLE.COM reserves
the right to, and may from time to time, monitor any and all
information transmitted or received through DESIGNELLE.COM.
DESIGNELLE.COM, at its sole discretion and without further
notice to you, may review, remove or prohibit the transmission
or receipt of any information (including posts to forums)
which DESIGNELLE.COM deems inappropriate or that violates
any term or condition of this agreement. You agree to indemnify,
defend and hold harmless DESIGNELLE.COM from and against any
claim, liability, cost, damage or loss it may incur (including,
without limitation, attorneys fees) as a result of any violation
by you of your obligations under this agreement.
Unmetered
Bandwidth
We offer "unmetered"
transfer (bandwidth). Is this the same thing as "unlimited"?
Not at all. Beware of anyone offering "unlimited"
bandwidth. No quality webhost can offer unlimited bandwidth.
We offer
fast, un-throttled, true burstable bandwidth. We do not place
limits on your site's bandwidth (many hosts offer "unlimited"
bandwidth but severely restrict the number of kbytes/second
flowing out of your website). We work very hard to ensure
that all of our customers bandwidth needs can be met under
each hosting plan, however we do have several important restrictions:
- No
porn
- No
warez (aka pirated/cracked software)
- No
file archives/download only sites
We are
proud of both the speed of our servers and the low prices
we offer our customers. However, to continue offering the
low prices that we do, we cannot accomodate users offering
the above types of files (why? like-it-or-not, the above types
of sites are popular and quickly consume lots of bandwidth).
If you
begin offering any of the above on your site we reserve the
right to:
- Put bandwidth restrictions
on your hosting plan
- If you don't comply, we
have the right to remove your account
Disclaimer of Warranties and Liability
DESIGNELLE.COM cannot and does not warrant the completeness,
accuracy, merchantability, or fitness of the news, information,
or entertainment content found herein for any particular purpose.
Further, you agree that DESIGNELLE.COM shall not be held liable
to anyone for any loss or injury resulting from the direct
or indirect use of DESIGNELLE.COM. This includes, but is not
limited to, loss or injury caused in whole or in part by its
negligence or by contingencies beyond its control in procuring,
compiling, interpreting, reporting or delivering any portion
of DESIGNELLE.COM.
All information provided on DESIGNELLE.COM
is to be used on an "as is, with all faults" basis.
DESIGNELLE.COM relies on various sources of information that
we believe to be accurate and reliable. However, DESIGNELLE.COM
makes no claims or representations with regard to the accuracy,
completeness, or truth of any material contained herein.
If any provision in this Agreement
is invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect. This Agreement,
your rights and obligations, and all actions contemplated
by this Agreement shall be governed by the laws of Canada
and the Proving of Quebec (except with respect to choice of
law), as if the Agreement were a contract wholly entered into
and wholly performed within the Province of Quebec.
Information displayed on DESIGNELLE.COM
is provided "as is," and may be changed without
prior notice. Designelle makes no warranties, express or implied,
as to the merchantability, fitness for any particular purpose,
title or non-infringement. Moreover, Designelle makes no representation
that any document or graphic contained herein is to be free
from error or suitable for any purpose; nor that implementation
of such contents will not infringe on any third party patents,
copyrights, trademarks, or other rights.
In no event will Designelle be liable
for any damages incurred from use of this site, or any linked
site, whether direct, indirect, special, or consequential.
No lost profits, Loss of any data on system, business interruption,
or otherwise, shall be the responsibility of Designelle, even
if Designelle is expressly advised of the possibility of such
damages.
BY USING DESIGNELLE.COM YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY
ITS TERMS.
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