CURVED-CORNER-BOXES.COM Website Terms of Use
Last Updated: May 17, 2006
1. THIS IS AN AGREEMENT BETWEEN YOU AND CURVED-CORNER-BOXES.COM
This Agreement describes the terms and conditions applicable to your
use of this website, CURVED-CORNER-BOXES.COM.
This constitutes an agreement between
you and CURVED-CORNER-BOXES.COM.
If you do not accept the terms of this user agreement, you should not and may not use this website.
CURVED-CORNER-BOXES.COM may from time to time revise these terms and conditions by updating this posting.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT
WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.
2. ALLOWED USAGE
You may use the copy/paste curved corner box code generated by this web site in
both private and commercial applications. You may use this product with
your own hobby/commercial web site or blog. IT IS NOT PROHIBITED to use
this product commercially to produce image objects to insert into web pages for
clients for which you are paid. If you wish, you may also take 'screen shots'
of the curved corner box images created by you and use them in print advertisements.
Any use of the images created by the Curved Corner Boxes program requires a web link to CURVED-CORNER-BOXES.COM
be placed on the web site using the image.
Said link must be placed on a page that would normally be indexed by search engines, do not put on a page with the url ending with "?var=".
If you are a developer who is using the product for commercial purposes, a link to CURVED-CORNER-BOXES.COM must be placed on your developer home site as well.
That link must be placed prominently on your web site on a page that would normally be indexed by search engines.
If you are using this program to produce images to use in print advertisements or video, a link to CURVED-CORNER-BOXES.COM must be included on the advertisement agency web site or other web site that produced the print graphic or video.
That link must be put on a web page that would normally be indexed by search engines and must be prominently displayed on that page.
3. HOW CURVED-CORNER-BOXES.COM MAY MODIFY THIS AGREEMENT
CURVED-CORNER-BOXES.COM reserves the right to change the terms, conditions, and notices under which it offers the CURVED-CORNER-BOXES.COM Web Site, including any charges associated with the use of the CURVED-CORNER-BOXES.COM Web Site.
You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the CURVED-CORNER-BOXES.COM Web Site.
Your continued use of the CURVED-CORNER-BOXES.COM Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
4. NO UNLAWFUL OR HARMFUL USE OF THE CURVED-CORNER-BOXES.COM WEBSITE
You will not use the CURVED-CORNER-BOXES.COM web site in any way that is unlawful,
or harms CURVED-CORNER-BOXES.COM. CURVED-CORNER-BOXES.COM may tell you about
certain specific harmful uses in a code of conduct or other notices available
through this Web Site, but has no obligation to do so. You may not use the
CURVED-CORNER-BOXES.COM Web Site in any way that breaches any code of conduct,
policy or other notice applicable to the CURVED-CORNER-BOXES.COM Web Site. Without
limiting the generality of this section, you may not use the CURVED-CORNER-BOXES.COM
Web Site in any manner that could damage, disable, overburden, or impair the CURVED-CORNER-BOXES.COM
Web Site or interfere with any other party's use and enjoyment of the CURVED-CORNER-BOXES.COM
Web Site. CURVED-CORNER-BOXES.COM IS NOT FOR USE WITH PORNOGRAPHIC WEB SITES.
5. CURVED-CORNER-BOXES.COM MAKES NO WARRANTY
CURVED-CORNER-BOXES.COM PROVIDES IT'S WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURVED-CORNER-BOXES.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
CURVED-CORNER-BOXES.COM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION:
(1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT,
(2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND
(3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CURVED-CORNER-BOXES.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
6. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL CURVED-CORNER-BOXES.COM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CURVED-CORNER-BOXES.COM WEB SITE,
EVEN IF SUCH CURVED-CORNER-BOXES.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF DAMAGES UNDER SECTION 6 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR
(4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE CURVED-CORNER-BOXES.COM WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CURVED-CORNER-BOXES.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE CURVED-CORNER-BOXES.COM WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CURVED-CORNER-BOXES.COM WEB SITE.
7. CHANGES TO THE CURVED-CORNER-BOXES.COM WEB SITE; ADDITIONAL LIABILITY LIMITATION
CURVED-CORNER-BOXES.COM MAY CHANGE THE CURVED-CORNER-BOXES.COM WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the CURVED-CORNER-BOXES.COM Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content originated by CURVED-CORNER-BOXES.COM.
WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT CURVED-CORNER-BOXES.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA.
IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 5 AND 6, YOU ACKNOWLEDGE AND AGREE THAT CURVED-CORNER-BOXES.COM IS NOT RESPONSIBLE OR LIABLE FOR
(1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CURVED-CORNER-BOXES.COM WEB SITE,
(2) ANY INCOMPATIBILITY BETWEEN THE CURVED-CORNER-BOXES.COM WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE,
(3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CURVED-CORNER-BOXES.COM WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR
(4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CURVED-CORNER-BOXES.COM WEB SITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 5, 6 AND 7 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
8. TERMINATION; ACCESS RESTRICTION
CURVED-CORNER-BOXES.COM may terminate this Agreement, or terminate or suspend your access to the CURVED-CORNER-BOXES.COM Web Site at any time, with or without cause, with or without notice.
Upon such termination or suspension, your right to use the CURVED-CORNER-BOXES.COM Web Site will immediately cease.
UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CURVED-CORNER-BOXES.COM WEB SITE MAY NOT BE RETRIEVED LATER.
9. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Any claims against CURVED-CORNER-BOXES.COM for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Maine, without reference to conflict of laws principles.
All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the CURVED-CORNER-BOXES.COM Web Site is directed.
You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Kennebec County, Maine, USA in all disputes arising out of or relating to the use of the CURVED-CORNER-BOXES.COM Web Site.
10. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
CURVED-CORNER-BOXES.COM may assign this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the CURVED-CORNER-BOXES.COM Web Site.
Except as expressly stated herein, this Agreement constitutes the entire agreement between you and CURVED-CORNER-BOXES.COM with respect to the CURVED-CORNER-BOXES.COM Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CURVED-CORNER-BOXES.COM with respect to the CURVED-CORNER-BOXES.COM Web Site.
The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
11. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND CURVED-CORNER-BOXES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CURVED-CORNER-BOXES.COM WEB SITE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
