This agreement
governs your use of the blockcreator website. To learn about usage rights
for our content, please read our Content License Agreement.
This Web site is
owned and operated by Design Solutions (“BlockCreator”). Access
and use of this Web site is provided by BlockCreator to you on condition that
you accept these Terms of Use, and by accessing or using this Web site, you
agree to these Terms of Use. If you do not agree to accept and abide by these
Terms of Use you should not access or use this Web site.
BlockCreator may
revise and update these Terms of Use at anytime and without notice. You are
cautioned to review the Terms of Use posted on the Web site periodically. Your
continued access or use of this Web site after any such changes are posted will
constitute your acceptance of these changes.
You may not interfere
with the security of, or otherwise abuse this Web site or any system resources,
services or networks connected to or accessible through this Web site. You may
only use this Web site for lawful purposes.
Intellectual
Property
All materials (including
the organization and presentation of such material) on this Web site (the “Materials”)
are the property of BlockCreator and its licensors and may be protected by intellectual
property laws including laws relating to copyrights, trade-marks, trade-names,
internet domain names, and other similar rights.
Unless you have
entered into a separate agreement with BlockCreator, such as a Royalty Free
License Agreement, any other use of these Materials without BlockCreator's written
permission is prohibited.
The Materials may
only be used and copied for your own, non-commercial, personal or educational
purposes, provided that the Materials are not modified and that copyright and
other intellectual property notices are not deleted. You may not create derivative
works from or otherwise exploit the Materials in any way.
© 2004 blockcreator.com.
All rights reserved.
Privacy
BlockCreator is
committed to respecting the privacy of the personal information of the individuals
with whom we interact. We have developed a Website Privacy Commitment to describe
our privacy policies and practices and how we collect, use and disclose the
personal information of those individuals who visit our website. Please see
our Website Privacy Commitment for further details.
Currency
of Web site
BlockCreator updates
the information on this Web site regularly. However, blockcreator cannot guarantee
or accept any responsibility or liability for the accuracy, currency or completeness
of the information on this Web site. blockcreator may revise, supplement or
delete information, services and/or the resources contained in the Web site
and reserves the right to make such changes without prior notification to past,
current or prospective visitors.
Linked
Web sites
This Web site may
provide links to third party Web sites for your convenience only. The inclusion
of these links does not imply that blockcreator monitors or endorses these Web
sites. blockcreator does not accept any responsibility for such Web sites. blockcreator
shall not be responsible or liable, directly or indirectly, for any damage or
loss, caused or alleged to be caused by or in connection with the use of or
the reliance upon any information, content, goods or services available on or
through any third party Web sites or linked resources.
Internet
software or computer viruses
Due to technical
difficulties with the Internet, Internet software or transmission problems could
produce inaccurate or incomplete copies of information contained on this Web
site. Computer viruses or other destructive programs may also be inadvertently
downloaded from this Web site.
blockcreator shall
not be responsible or liable for any software, computer viruses or other destructive,
harmful or disruptive files or programs that may infect or otherwise impact
your use of your computer equipment or other property on account of your access
to, use of, or browsing on this Web site or your downloading of any of the Materials
from this Web site. blockcreator recommends that you install appropriate anti-virus
or other protective software.
Web
Site and Materials Provided "As Is"
THIS WEB SITE AND
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. blockcreator DOES NOT REPRESENT OR WARRANT
THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR
USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation
of Liability
YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING
WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL
blockcreator OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS,
OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY
CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF
THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON,
ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF,
OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE
TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION
OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER
SHALL BE LIMITED TO FIVE ($5.00) U.S. DOLLARS.
SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Indemnification
You agree to indemnify
and hold blockcreator harmless against all claims or liability asserted against
blockcreator arising out of or in connection with any breach by you or anyone
acting on your behalf of any of these Terms of Use.
Notice and Procedure
for Making Claims of Infringement
blockcreator respects
the copyright of others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
blockcreator with a written communicationincluding substantially the following
information:
1. an electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the Web site;
4. your address, telephone number, and email 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;
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 or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Email
Feel free to email
blockcreator at help@blockcreator.com. However, the Internet is not a fully
secure medium and any communication may be lost, intercepted or altered. blockcreator
is not liable for any damages related to communications to or from this Web
site. You agree with respect to any information provided by you to us through
this Web site or via e-mail that:
# blockcreator
has no obligation concerning such information;
# the information
is non-confidential;
# blockcreator
may use, disclose, distribute or copy the information and may use any ideas,
concepts or know-how contained in the information for any purpose without compensation;
and
# the information
is truthful and disclosure of the information does not violate the legal rights
of others.
Applicable law
This Web site is
controlled, operated and administered by blockcreator from within the State
of Pennsylvania, United States. This Web site can be accessed from all states
and territories of The United States of America, as well as from other countries
around the world. As each of these jurisdictions has laws that may differ from
those of the State of Pennsylvania, by accessing this Web site, you acknowledge
and agree that all matters relating to access to, or use of this Web site shall
be governed by the laws of the State of Pennsylvania and the federal laws of
The United States of America applicable therein (without reference to conflicts
of laws principles).
You also agree
that any claims or disputes whatsoever arising hereunder shall be submitted
to the exclusive jurisdiction and venue of the courts of the State of Pennsylvania
and acknowledge that you do so voluntarily.
General
blockcreator's
failure to insist upon or enforce strict performance of any provision of these
Terms of Use shall not be construed as a waiver of any provision or right.
If any provision
or part thereof of these Terms of Use is wholly or partially unenforceable the
parties or, in the event the parties are unable to agree, a court of competent
jurisdiction, shall put in place thereof an enforceable provision or provisions,
or part thereof, that as nearly as possible reflects the terms of the unenforceable
provision or part thereof.
The parties have
requested that these Terms of Use and all documents relating thereto be drawn
up in English.
Contact
If you have concerns
relating to this web site or these Terms of Use, please contact blockcreator
at help@blockcreator.com.