Terms & Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Creative
Castle NETworks, LLC.. The collective work includes works that are
licensed to Creative Castle NETworks, LLC.. Copyright 2003, Creative
Castle NETworks, LLC. ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Creative Castle NETworks, LLC. or
purchasing Creative Castle NETworks, LLC. products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or
to place an order with Creative Castle NETworks, LLC. or to purchase
Creative Castle NETworks, LLC. products. Any other use, including but
not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by
Creative Castle NETworks, LLC.. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Creative Castle NETworks,
LLC. used in the site are trademarks or registered trademarks of
Creative Castle NETworks, LLC.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Creative Castle
NETworks, LLC. disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Creative Castle NETworks,
LLC. does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects will be
corrected, or that this site or the server that makes the site available
are free of viruses or other harmful components. Creative Castle
NETworks, LLC. does not make any warrantees or representations regarding
the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on warranties, so
the above limitations may not apply to you.
Limitation of Liability
Creative
Castle NETworks, LLC. shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the materials on this site or the performance of the products, even
if Creative Castle NETworks, LLC. has been advised of the possibility
of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Typographical Errors
In
the event that a Creative Castle NETworks, LLC. product is mistakenly
listed at an incorrect price, Creative Castle NETworks, LLC. reserves
the right to refuse or cancel any orders placed for product listed at
the incorrect price. Creative Castle NETworks, LLC. reserves the right
to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, Creative
Castle NETworks, LLC. shall issue a credit to your credit card account
in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Creative Castle
NETworks, LLC. without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Creative Castle
NETworks, LLC. may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Creative Castle NETworks, LLC..
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Creative Castle
NETworks, LLC. products) shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may
have with respect to the site (including but not limited to the
purchase of Creative Castle NETworks, LLC. products) must be commenced
within one (1) year after the claim or cause of action arises. Creative
Castle NETworks, LLC.'s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Creative Castle NETworks, LLC. may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Creative Castle NETworks, LLC. or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Creative
Castle NETworks, LLC. does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Creative Castle
NETworks, LLC. is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability relating
to any contents or activities on the site. However, Creative Castle
NETworks, LLC. reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene,
(b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or
(d) offensive or otherwise unacceptable to Creative Castle NETworks,
LLC. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Creative Castle NETworks,
LLC., its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an
attempt to provide increased value to our visitors, Creative Castle
NETworks, LLC. may link to sites operated by third parties. However,
even if the third party is affiliated with Creative Castle NETworks,
LLC., Creative Castle NETworks, LLC. has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Creative Castle NETworks, LLC.. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Creative Castle NETworks, LLC. seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
