Freeman Creations Terms Of
Service Agreement
The freemancreations.com Web Site (the "Site") is an online
information service provided by Freeman Creations ("freemancreations.com
"), subject to your compliance with the terms and conditions
set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. freemancreations.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and
Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
freemancreations.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to freemancreations.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to freemancreations.com by all means and in any media
now known or hereafter developed. You also grant to freemancreations.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against freemancreations.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to freemancreations.com.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by freemancreations.com, freemancreations.com
does not operate, control or endorse any information, products or
services on the Internet in any way. Except for freemancreations.com-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with freemancreations.com
a. You also understand that freemancreations.com cannot and does
not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. freemancreations.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND freemancreations.com SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. freemancreations.com DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK. freemancreations.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL freemancreations.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF
SUCH INFORMATION OR SERVICE. EVEN IF freemancreations.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
freemancreations.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
freemancreations.com makes no
representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you
access a non-freemancreations.com web site, please understand that
it is independent from freemancreations.com, and that freemancreations.com
has no control over the content on that web site. In addition, a
link to a freemancreations.com web site does not mean that freemancreations.com
endorses or accepts any responsibility for the content, or the use,
of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless freemancreations.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of freemancreations.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6. Our Product Guarantee.
We guarantee that Grant's DVD Cover Designs & Actions For Photoshop,
Grant's CD Cover Designs & Actions For Photoshop, Grant's eBook
Cover Designs & Actions For Photoshop, and Grant's Cover Designs
& Actions For Photoshop products will work properly. You also
understand that this software requires the correct version of Adobe®
Photoshop™ and per provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) you also understand that you are
responsible for maintaining the latest updates and insuring that
your licenced version of Photoshop is functioning within the perameters
and guidlines setforth by Adobe™. Within 30 days of order,
the customer needs to contact us with a full description of the
problem. We will then make every attempt to repair the error(s)
and provide an upgrade in the freemancreations.com members only
area for instant download. If the upgrade does not solve the problem,
Freeman Creations will refund 100% of the price of the package or
service ordered. Any bonus gifts downloaded by customers are thiers
to keep and are still fully protected by this agreement. Members
area access will be terminated upon customers written request.
7. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between freemancreations.com
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
freemancreations.com's failure to insist upon or enforce strict
performance of any provision of this Agreement 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 provision
of this Agreement. freemancreations.com may assign its rights and
duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.
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