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Terms of Service
PLEASE
READ THE FOLLOWING LEGAL DISCLAIMER
CAREFULLY BEFORE USING THIS
WEB SITE.
All content is Copyright © 1998-2006 by JespersDesigns.com. All rights reserved. The information presented here may not under any circumstances be reproduced, redistributed or resold without prior written permission from JespersDesigns.com.
Users must credit JespersDesigns.com and reproduce the following notice in the publication's listing of copyrights, as well as adjacent to the reproduction in print works: "JespersDesigns.com" as well as additional copyright messages specific to each original work.
Information on this Web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. This Web site does not constitute an offer or contract. JespersDesigns.com makes no representations whatsoever about other Web sites which you may access through this one. When you access other Web sites, please understand that it is independent from JespersDesigns.com, and that JespersDesigns.com has no control over the content on that Web site. In addition, links to other Web site does not necessarily indicate that JespersDesigns.com endorses or accepts any responsibility for the content, use, or products and services made available through such Web site(s).
JespersDesigns.com respects the privacy of its users and promises not to disclose personal and/or business information to third parties without your permission. We will not sell your name, Email address, phone number, or any other information to anyone else. We consider this information to be private, and it will remain as such.
The information we collect is used to provide feedback to inquiries, improve the content of Web site(s), to notify clients about updates, and to contact clients for business purposes.
If you do not want to receive Email from us in the future, please let us know by sending an Email to info@jespersdesigns.com and telling us that you do not want to receive Email notices from our company. Persons who supply us with their telephone numbers may receive telephone contact from us with information regarding orders or requests for information they have placed either online or offline.
JespersDesigns.com does not permit children under the age of 18 to become clients. JespersDesigns.com is not responsible for the content posted by JespersDesigns.com's clients or visitors on any area of their Web site including without limitation, homepages, chat rooms, message/bulletin boards and Email accounts. The opinions and views expressed by JespersDesigns.com's clients do not necessarily represent those of JespersDesigns.com and JespersDesigns.com does not verify, endorse, or vouch for the content of such page(s). Further, JespersDesigns.com is not responsible for the delivery or quality of any goods or services sold or advertised through or on JespersDesigns.com clients' page(s).
By submitting information to JespersDesigns.com, you represent that the content comply with JespersDesigns.com's Terms of Service. If any third party brings a claim, lawsuit or other proceeding against JespersDesigns.com based on your conduct or use of JespersDesigns.com services, you agree to compensate JespersDesigns.com (including its officers, directors, employees and agents) for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by JespersDesigns.com in connection with any such claim, lawsuit or proceeding.
JespersDesigns.com is the final arbiter of what IS and IS NOT allowed on our Web site. Further, JespersDesigns.com reserves the right to modify or remove anything submitted to JespersDesigns.com, and to cancel any association, at any time for any reason without prior notice. JespersDesigns.com is not obliged to maintain back-ups copies of any material submitted. Actions or activities that may cause termination of your client status and/or removal of your page(s) include, but are not limited to:
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Posting or providing links to any content that violates our Terms of Service.
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Conducting or providing links to any raffle, contest, or game that violates any local, state or national laws.
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Using in the registration of your JespersDesigns.com membership an Email account that is not your own or that is or becomes inactive.
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Reproducing, distributing, republishing or retransmitting material posted by JespersDesigns.com without prior permission.
We reserve the right to monitor and to investigate any complaints regarding any content of JespersDesigns.com clients' pages, message board postings, or any chat room statements and to take appropriate action if JespersDesigns.com finds violations of these Terms of Service. Accordingly, you agree that JespersDesigns.com will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide JespersDesigns.com with whatever information is required to access your site. In the case of any such complaint, JespersDesigns.com reserves the right to remove the content complained of while the client and the complaining party attempt to resolve their dispute. This could result in your page(s) being removed for as long as it takes to resolve the dispute.
You grant JespersDesigns.com and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages or other content for the purpose of displaying such information on JespersDesigns.com's Web site and for the promotion and marketing of JespersDesigns.com's services. JespersDesigns.com disclaims ownership of client sites and will not resell or otherwise convey these rights to any third party.
The personal information that you submit to JespersDesigns.com remains your property, but by submitting that information to JespersDesigns.com you grant JespersDesigns.com the right to use that information for internal private usage. We do not sell our client list. In addition, JespersDesigns.com reserves the right to release current or past client information in the event JespersDesigns.com believes that the client is or has been violating the Terms of Service or to commit unlawful acts, if the information is subpoenaed, or when JespersDesigns.com deems it necessary or appropriate. By agreeing to the conditions of these Terms of Service, you hereby consent to disclosure of any record or communication to any third party when JespersDesigns.com, in its sole discretion, determines the disclosure to be appropriate.
The use of JespersDesigns.com's service is at your sole risk. All JespersDesigns.com services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
JespersDesigns.com makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the JespersDesigns.com service. IN NO EVENT WILL JESPERSDESIGNS.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE JESPERSDESIGNS.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, JESPERSDESIGNS.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED BY JESPERSDESIGNS.COM'S CLIENTS FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, U.S.A, as such law applies to agreements between California residents entered into and to be performed within California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
JespersDesigns.com reserves the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.
