TERMS AND CONDITIONS OF USE
Welcome to our website. This site is
maintained as a service to our customers. By using this site, you agree
to comply with and be bound by the following terms and conditions of
use. Please review these terms and conditions carefully. If you do not
agree to these terms and conditions, you should not use this site.
1. Agreement.†This Agreement (the ěAgreement'î) specifies the Terms and
Conditions for access to and use of http://www.photoshopspecials.com (the
ěSite'î) and describe the terms and conditions applicable to your
access of and use of the Site. This Agreement may be modified at any
time by http://www.photoshopspecials.com upon posting of the modified
agreement. Any such modifications shall be effective immediately. You
can view the most recent version of these terms at any time at http://www.photoshopspecials.com. Each use by you shall constitute and be
deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.†
(a) Our Content. All content included on this site is and shall
continue to be the property of http://www.photoshopspecials.com or its
content suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying, redistribution,
use or publication by you of any such content or any part of the Site
is prohibited without express permission by http://www.photoshopspecials.com.
Under no circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this site.
[Trademark] is the trademark or registered trademark of http://www.photoshopspecials.com. Other product and company names mentioned
on this
Site may be trademarks of their respective owners.
(b) User
Supplied Content. By accessing our forum, bulletin board, chat room, or
any other user interactive area of our site, and placing any
information in any of those areas, you hereby grant us a perpetual,
irrevocable, royalty free license in and to such materials, including
but not limited to the right to post, publish, transmit, distribute,
create derivative works based upon, create translations of, modify,
amend, enhance, change, display and publicly perform such materials in
any form or media, whether now known or later discovered. You also
grant to others who access the forum, bulletin board, chat room or any
other user interactive area of our site a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your
postings but such license is limited to the personal use and enjoyment
of such other party.
(c) Personal Use.†http://www.photoshopspecials.com grants you a limited, revocable, nonexclusive license to use
this site solely for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works, or other use. You agree not to copy materials on the site,
reverse engineer or break into the site, or use materials, products or
services in violation of any law. The use of this website is at the
discretion of http://www.photoshopspecials.com and http://www.photoshopspecials.com may terminate your use of this website at any time.
(d)
Other Uses. All other use of Content from the Site, including, but not
limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web
site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole or
in part, is strictly prohibited without http://www.photoshopspecials.com
prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED
ON AN `îAS IS,î ěAS AVAILABLEî BASIS. YOU AGREE THAT USE OF THIS SITE
IS AT YOUR SOLE RISK. http://www.photoshopspecials.com DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE
OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, http://www.photoshopspecials.com DOES NOT WARRANT THAT USE OF THE SITE WILL
BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. hhttp://www.photoshopspecials.com ,
ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM
THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b)
LIMITATION OF LIABILITY. http://www.photoshopspecials.com SHALL NOT BE
RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH
MAY BE INCURRED IN CONNECTION WITH http://www.photoshopspecials.com OR THE
SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED
THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION
PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF http://www.photoshopspecials.com HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information
presented in this Website is intended to be for your educational and
entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice your
own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those
income figures are anecdotal information passed on to us concerning the
results achieved by the individual sharing the information. We have
performed no independent verification of the statements made by those
individuals. Please do not assume that you will make those same income
figures.
Please do not construe any statement in this website as
a claim or representation of average earnings. There are NO average
earnings. Testimonials and statements of individuals are not to be
construed as claims or representations of average earnings. We cannot,
do not, and will not make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote to
the endeavor.
Please perform your own due diligence before
embarking on any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only "risk" capital should be used.
There
is no guarantee that you will earn any money using any of the ideas
presented in our in materials. Examples in our materials are not to be
interpreted as a promise or guarantee of earnings. Many factors will be
important in determining your actual results and no guarantees are made
that you will achieve results similar to ours or anybody else's. No
guarantee is made that you will achieve any result at all from the
ideas in our material.
You agree that we will not share in
your success, nor will we be responsible for your failure or for your
actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials
in our product and our website may contain information that includes or
is based upon forward-looking statements within the meaning of the
securities litigation reform act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as ěanticipate,î
ěestimate,î ěexpect,î ěproject,î ěintend,î ěplan,î ěbelieve,î and other
words and terms of similar meaning in connection with a description of
potential earnings or financial performance. Any and all forward
looking statements in our materials are intended to express our opinion
of earnings potential. They are opinions only and should not be relied
upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area of
our site, and gain access to the materials contained thereon at your
own risk.
(b) No Monitoring. We do not monitor or screen
communications on our forum, bulletin board, chat room, or any other
user interactive area of our site and we are not responsible for any
material that any of our forum, bulletin board, chat room, or any other
user interactive area of our site participant posts and we do not
assume the responsibility to do so. In the event that we are notified
by any party that any communications contained in our forum, bulletin
board, chat room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to, investigate
the situation and determine in our own discretion, whether to remove
such communication from our forum, bulletin board, chat room, or any
other user interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your
Reliance at Your Risk. We do not make any representations or warranties
as to the truth or accuracy of any statement made or materials posted
on or through our forum, bulletin board, chat room, or any other user
interactive area of our site. You agree and acknowledge that you assume
the risk of any actions you take in reliance upon the information that
may be contained in our forum, bulletin board, chat room, or any other
user interactive area of our site.
(d) No Endorsement. We
do not endorse or lend any credence for any statements that are made by
any participant in our forum, bulletin board, chat room, or any other
user interactive area of our site. Any opinions or views expressed by
our forum, bulletin board, chat room, or any other user interactive
area of our site participants are their own. We do not endorse or
support or otherwise give any credence or reason for reliance on any
such statements or opinions.
(e) You are Responsible.
You are fully responsible for your own statements and materials that
you post in our forum, bulletin board, chat room, or any other user
interactive area of our site and any consequences, whether or not
foreseen, to any party who may rely upon these statements. You agree
that you will not take any action directed towards attempting to hold
us responsible for any such materials or statements.
(f)
Removal of Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board, chat
room, or any other user interactive area of our site for any reason, in
our sole discretion, or for no reason at all. This includes material
which is disruptive, abusive, offensive, illegal, vulgar, pornographic,
or any other material. You hold us harmless from and against any damage
you or others may suffer as a result of our removal of any content from
our forum, bulletin board, chat room, or any other user interactive
area of our site or from the discontinuance of our forum, bulletin
board, chat room, or any other user interactive area of our site at any
time.
(g) Right to Expel. We have the right to remove, expel,
or disqualify any party from participation and access to our forum,
bulletin board, chat room, or any other user interactive area of our
site for any time and for any reason, or for no reason whatsoever, in
our sole and absolute discretion. This includes, but is not limited to
any violation of this agreement, disruptive behavior, complaints from
other parties, any allegedly illegal activity, or for any other reason
or for no reason at all.
(h) Right to Terminate. We
reserve the right to terminate our forum, bulletin board, chat room, or
any other user interactive area of our site at any time and all users
hold us harmless from and against any claims, damages, suits, threats,
demands, liabilities, actions, causes of action, or injuries that may
result therefrom, including but not limited to any consequential,
incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement about any
person, infringes upon the privacy rights of any other person, or
threatens, harasses, abuses or embarrasses any other person, (4) place
any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5) place
any advertising, attempted business solicitation, marketing materials
or sales promotional materials in our forum, bulletin board, chat room,
or any other user interactive area of our site, (6) pretend to be
another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site that are disruptive or off-topic.
(j) Hold
Harmless and Indemnify. You hold us harmless from, and indemnify us
against, any and all claims for damages from third parties arising from
your participation, use or conduct in our forum, bulletin board, chat
room, or any other user interactive area of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data
mining, scraping, crawling, email harvesting or using any process or
processes that send automated queries to the http://www.photoshopspecials.com
Web site. You may not use the http://www.photoshopspecials.com Web site to
compile a collection of listings, including a competing listing product
or service. You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended Audience.†This
website is intended for adults only. This website is not intended for
any children under the age of 18.
(c) Compliance with
Laws.†You agree to comply with all applicable laws regarding your use
of the website. You further agreed that information provided by you is
truthful and accurate to the best of your knowledge.
(d) Indemnification.†You agree to indemnify, defend and hold http://www.photoshopspecials.com and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
(e) Privacy.†Your visit to our site is
also governed by our Privacy Policy. Please review our Privacy Policy
at http://www.photoshopspecials.com. http://www.photoshopspecials.com reserves the
right, and you authorize us, to use and assign all information
regarding site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
(f) DMCA
Notice. If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice containing
all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
(6) A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
(g) Applicable Law.†You agree that the laws
of the state of Georgia , without regard to conflicts of laws
provisions will govern these Terms and Condition of Use and any dispute
that may arise between you and http://www.photoshopspecials.com or its
affiliates. Venue shall be in Carroll.
(h)
Arbitration. As part of the consideration that www.photoshopspecials.com requires for viewing, using or interacting with this website,
you agree to the use of binding arbitration for any claim, dispute, or
controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website. Arbitration shall be
conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association.† Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New
York, 10017-4605.† Hearing will take place in the city or county of www.photoshopspecials.com. In no case shall you have the right to go
to court or have a jury trial.† You will not have the right to engage
in pre-trial discovery except as provided in the rules; you will not
have the right to participate as a representative or member of any
class of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal. The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, and travel expenses.
(i) Severability.†If any provision of this Agreement shall be adjudged
by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(j) Termination.†http://www.photoshopspecials.com may
terminate this Agreement at any time, with or without notice, for any
reason.