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August 2007
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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