TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS OCREATIVEDESIGN.COM WEBSITE INCLUDING THE PAGES IN IT (THE “WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE WEBSITE.
COPYRIGHT ©2003-2013 OCREATIVE DESIGN STUDIO. ALL RIGHTS RESERVED.
The works of authorship contained in the Website including but not limited to all design, text, sound recordings and images, are owned, except as expressly stated, by Ocreative Design Studio (“Ocreative Design Studio”) or its subsidiaries. Except as otherwise stated therein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Ocreative Design Studio’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Ocreative Design Studio’s proprietary rights, provided that you may download the information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.
“Ocreative Design Studio” is a trademark and service marks of Ocreative Design Studio and other featured words or symbols, used to identify the source of goods or services, may be the trademarks of their respective owners.
USE OF INFORMATION AND MATERIALS
The information and materials contained in the Website, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Ocreative Design Studio’s Website and systems including but not limited to unauthorized entry into Ocreative Design Studio’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. You agree that you will not engage in any activities related to the Website that are contrary to applicable law.
Links to websites controlled or offered by third parties (non-affiliates of Ocreative Design Studio) are provided solely as pointers to information on topics that may be useful to users of this Website. Ocreative Design Studio has no control over the content on such websites. Ocreative Design Studio makes no warranties, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Ocreative Design Studio warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Ocreative Design Studio does not guarantee the authenticity of documents on the Internet. Links to third party sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” “AS AVAILABLE”. OCREATIVE DESIGN STUDIO IS NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. OCREATIVE DESIGN STUDIO DISCLAIMS ALL WARRANTIES AND REPRESENTATATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL OCREATIVE DESIGN STUDIO BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENCIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER OCREATIVE DESIGN STUDIO HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
ENFORCEABILITY AND GOVERNING LAW
In the event any of the terms or provisions of these Terms and Conditions shall be held to be enforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Wisconsin.
UPON USE OF THE OCREATIVE SERVER AND HOSTING SERVICE, CLIENTS AGREE TO THE ELECTRONIC FORUMS AND E-MAIL POLICY
Electronic Forums and E-mail Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of Ocreative Design Studio may not be used to impersonate another person or misrepresent authorization to act on behalf of others or the Ocreative Design Studio’s staff. All messages transmitted via the Ocreative Design Studio servers should correctly identify the sender. User may not alter the attribution or origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or network and must not attempt to gain unauthorized access.
In addition, the use of unsolicited bulk e-mail (SPAM) for advertising, promotion or other purposes is forbidden on the Ocreative Design Studio servers. Such practices will not be tolerated and are grounds for contract termination. This applies both to e-mail sent from any Ocreative Design Studio’s server and to e-mail sent from other servers making reference to a website on a the Designer’s server. If bulk email is a desired service of the Client, please use an appropriate method for disbursing the bulk emails such as Constant Contact, an Ocreative Design Studio business partner.
UPON USE OF THE OCREATIVE SERVER AND HOSTING SERVICE, CLIENTS AGREE TO THE SERVER USAGE POLICY
Client may only use the Ocreative Design Studio’s servers for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. Furthermore, the Ocreative Design Studio expressly forbids anyone from using the Ocreative Design Studio servers for the distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material that we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of the Ocreative Design Studio’s administration. The hosting packages and storage are not allowed to be resold or divided.
Client agrees that it shall defend, identify, save and hold Ocreative Design Studio and the Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees, asserted against the Ocreative Design Studio its agents, its customers, servants, officers and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless the Ocreative Design Studio against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Ocreative Design Studio’s servers or those provided by a third party; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Ocreative Design Studio servers.
These terms and conditions are effective as of September 9, 2007.