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Website Terms &
Conditions, August 2007
This Web
Site is owned and controlled by:
Drum Hill Designs, LLC 172 Good
Hill Rd Weston, CT 06883
Terms of use; acceptance
of contract terms
The following are terms of an agreement between
you and Drum Hill Designs, LLC. ("Drum
Hill Designs"). By accessing, browsing,
or using
drumhilldesigns.com
you acknowledge that you have read, understood
and agree to be bound by these terms and the
terms of our privacy policy. If you do
not agree to these terms and/or to the terms
of our privacy policy, please do not use the
site. Users should check these terms of use
and the privacy policy periodically. By
accessing, browsing or using the site after
these terms of use and/or the privacy policy
are revised, you agree to accept those revisions.
Users
Users agree to provide the site with accurate
information in connection with the purchase
of any product or service purchased or obtained
via or in connection with the site.
The Site
Drum Hill Designs reserves the right, in its
sole discretion, to modify and/or discontinue
any part of the site or any services or products
offered via the site at any time, with or without
notice. Drum Hill Designs authorizes you
to view and download the materials at this website
("site") only for your personal, non-commercial
use, provided that you retain all copyright
and other proprietary notices contained in the
original materials on any copies of the materials.
You may not modify the materials at this Site
in any way or reproduce or publicly display,
perform, or distribute or otherwise use them
for any public or commercial purpose. Any use
of these materials on any other website or networked
computer environment for any purpose is prohibited.
The materials at this site are copyrighted and
any unauthorized use of any materials at this
site may violate copyright, trademark, and other
laws. If you breach any of these terms of use,
your authorization to use this site automatically
terminates and you must immediately destroy
any downloaded or printed materials.
Links to Other Sites
The site may contain links to other sites hosted
and/or maintained by third parties. Drum
Hill Designs shall not be responsible for the
content of any third party sites that may be
linked to or from
drumhilldesigns.com. These
links are provided for your convenience, and
you use them at your own risk. A link
to a third party site is not an endorsement
of any third party site or service. Drum
Hill Designs does not assume any responsibility
or liability for the content or use of any third
party site or any third party's products and/or
services.
Product/Service terms of use
Certain Drum Hill Designs products and services
available through the site may have their own
terms of use. You agree to be bound by the terms
of the purchase with Drum Hill Designs relating
to the purchase of any products or services
via this site. You agree that in the event
of any conflict between these terms of use and
the terms of your purchase, the terms of the
purchase shall control.
Software
Certain software ("software") that
you may download from the site is the copyrighted
works of Drum Hill Designs. Your use of
the software is governed by the terms of any
end user license agreement that accompanies
the online download process. You may use
the software only in accordance with the terms
of any accompanying license agreement, and you
are prohibited from using, reproducing, copying,
in whole or in part, distributing, decompiling,
decrypting, reverse engineering, disassembling,
displaying, downloading, storing, transmitting,
distributing, selling or otherwise commercially
exploiting any part of the software. Any
third party software you may download via the
site is subject to the terms and conditions
of the third party's license agreement with
you, if any. You hereby assure Drum Hill
Designs that you will not sublicense, export,
or transfer ownership rights in the Software.
In addition, you agree that you shall not violate
any laws or regulations regarding the export
or distribution of software outside the United
States, including, but not limited to, encryption
software.
Our Transmissions
Any material, information or idea you transmit
to or post on this site by any means will be
treated as non-confidential and non-proprietary,
and may be disseminated or used by Drum Hill
Designs or its affiliates for any purpose whatsoever,
including, but not limited to, developing, manufacturing
and marketing products and services. Notwithstanding
the foregoing, all personal data provided to
Drum Hill Designs will be handled in accordance
with Drum Hill Designs' online
Privacy Policy.
You are prohibited from posting or transmitting
to or from this site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other
material that could give rise to any civil or
criminal liability under the law.
Indemnification
You agree to indemnify and hold harmless Drum
Hill Designs, its subsidiaries and affiliates,
and their respective officers, employees and
agents, from any and all third party claims
or demands, including reasonable attorney's
fees, arising out of your use of the site, your
breach of these terms of service and/or your
infringement of any intellectual property right(s).
Disclaimer and Limitation of
Liability
Drum Hill Designs assumes no liability for any
errors or omissions contained on or in the site. The
site is offered to you on an "As Is"
basis without a warranty of any kind, either
express or implied, including without limitation,
any warranty of merchantability or fitness for
a particular purpose.
DRUM HILL DESIGNS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST
SAVINGS OR LOST POSTAGE, ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE EVEN IF
DRUM HILL DESIGNS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL
DRUM HILL DESIGNS'
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION OF ANY KIND RESULTING FROM
YOUR USE OF THIS SITE, WHETHER IN CONTRACT,
TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).
Waiver
Drum Hill Designs' failure to enforce the strict
performance of any provision of this Agreement
will not constitute a waiver of its right to
subsequently enforce such provision or any other
provisions hereunder.
Choice of Law and Jurisdiction
The validity
and interpretation of this agreement and the
legal relations of the parties to it shall be
governed by the laws of the state of Connecticut,
without regard to its conflict of laws principles.
In the event of a dispute, the parties hereto
agree to consent to the exclusive jurisdiction
of the state and federal courts of the state
of Connecticut.
Trademarks and Copyrights
The trademarks and service marks of Drum Hill
Designs are the intellectual property of Drum
Hill Designs and its affiliates and subsidiaries
in the United States and certain foreign countries
(collectively "marks"). All
third party trademarks on the site are the property
of their respective owners and are used with
the owners' permission. Except as provided
by applicable law, the marks may not be used
and/or reproduced without the written permission
of Drum Hill Designs. Those uses that
are authorized must comply with Drum Hill Designs'
trademark usage guidelines (provided when necessary
upon request). All copyrightable material
("material") on the site, including,
but not limited to, the arrangement and presentation
of materials on the site, is protected under
copyright law as the exclusive property of Drum
Hill Designs. The Material may not be used and/or
reproduced without the written permission of
Drum Hill Designs. Any third party copyrighted
material appearing on the Site is used with
the owner's permission. Drum Hill Designs will
enforce its intellectual property rights to
the fullest extent permitted under the law.
Other Trademarks and Servicemarks
Other product
and company names are trademarks of their respective
owners.
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