Thursday 29th, 2010 07:56:17 pm

Terms of Use

Effective as of July 29, 2010

1. Terms

You are encouraged to carefully read the following Terms and Conditions before accessing this Web site, using any of our products, or using any of our services. By using this Web site, our products, or by contracting our services, you agree to these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access this Web site, use any of our products or our services.

These policies represent the entire policies and all prior policies are hereby revoked. Our failure to exercise any rights under these policies shall not constitute a waiver of such rights. All contents of this Web site are copyright © PremoDesigns.com. Designated trademarks, brands, and information distributed in conjunction with this Web site are the property of their respective owners.

2. User Obligations

In consideration of your use of our products and services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving such products or services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself upon registering for client access and thereafter.

3. Access to Password-Protected or Secure Areas

PremoDesigns.com may restrict some areas of this Web site to authorized clients only. Access to and use of areas of this Web site that are password-protected and/or secure is restricted to such authorized clients only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

4. Web & Graphic Design Services Agreement

This agreement is between 'Client'(Purchasee) and 'Provider' PremoDesigns.com. 'Client' is engaging 'Provider', a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The 'Client' hereby authorizes 'Provider' access and "write permissions" to all directories and files of this account.

  1. DESIGN, MATERIALS & CONTENT
    1. Design to include Web page layout, placement of text, graphics/photos, navigation links, external links, e-mail links, CSS stylesheet and installation into client hosting.
    2. Minor updates and changes to Web site will be at no charge for initial transfter and installation to client hosting. Minor changes are limited to: changing wording, or making general design or text corrections. 'Provider' hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in the original purchase.
    3. 'Provider' will provide all Web site files via download link provided in the client account member page, or by e-Mail at 'Client' request.

  2. FEES & PAYMENT
    1. All fees payable in US dollars.
    2. Web Design cost is variable and based on individual design.
    3. A down payment or full payment may be required prior to any work beginning.
    4. All monies owed must be paid in full before project files are released to the client.
    5. Payments will be accepted via Google Checkout.

  3. COPYRIGHT & TRADEMARKS
    1. 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Provider' for inclusion in Web site are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Provider' from any claim or suit arising from the use of such elements furnished by the 'Client'.
    2. 'Provider' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the Web site. Use of 3rd party graphical element may require a statement at the bottom of the Web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Provider' that such statement shall remain on the Web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual Web site, unless 'Client' receives direct authorization from the 3rd party.

  4. LIABILITY
    1. In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the Web site, 'Provider' can work to get the Web site back up and running at the regular hourly rate.
    2. Under no circumstances, including negligence, shall 'Provider', or any other company involved in the creation, production or distribution of the Web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Provider's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Provider's' records, programs or services.

  5. LAWS AFFECTING ELECTRONIC COMMERCE
    1. The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Provider' and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.

  6. AUTHORSHIP CREDIT
    1. Client' agrees that 'Provider' may put a small byline link on the bottom of their Web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that 'Provider' will be notified of any design changes to this Web site.
    2. 'Provider' may use 'Client' Web site as a sample of work in print or through a web site link.

5. Trademark Information

The trademarks, service marks and logos used and displayed on this Web site are registered and unregistered trademarks and service marks of PremoDesigns.com and others. All other registered and unregistered trademarks used on this Web site are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any PremoDesigns.com trademark, service mark or logo used or displayed on this Web site without the prior express written permission of PremoDesigns.com. When used with PremoDesigns.com's permission, all trademarks must be identified as trademarks of PremoDesigns.com using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

In addition, such marks must be listed, identified and attributed as the property of PremoDesigns.com in a footnote at the end of the communication.


6. Disclaimer

Although PremoDesigns.com has attempted to provide accurate information on this Web site, PremoDesigns.com assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. PremoDesigns.com makes no commitment to update the materials or information on this Web site. PremoDesigns.com shall have the right, at its sole discretion, to modify, add or remove any of the information on this Web site at any time without notice. PremoDesigns.com may also impose limits on certain features and services or restrict your access to parts of or the entire site without notice or liability. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Web site.

The materials on this Web site is provided "AS IS" without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, PremoDesigns.com disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non infringement or arising from a course of dealing, usage or trade practice. PremoDesigns.com makes no representations or warranties of any kind regarding the use, accuracy or reliability of information or material on this Web site Any reference to non-PremoDesigns.com products or services is for informational purposes only and does not imply association with or endorsement by PremoDesigns.com.


7. Personal Information

Information submitted to PremoDesigns.com through this Web site is governed by PremoDesigns.com’s Privacy Policy.


8. Advertisements

We cannot and do not assume responsibility, and expressly disclaims all liability for any direct, consequential, or incidental damages arising from any interactions or transactions between you and merchants or sellers found on our Site. We make no warranties or representations of any kind as to the accuracy of the content of any form of advertisement on our Site, including, but not limited to banner ads and text ads or for any information on merchant or any third party sites linked from or to our Site. All responsibility of order processing, billing, fulfillment and customer service rests solely on the merchant or seller.


9. Links to Other Sites

PremoDesigns.com makes no representations or warranties about any other Web site that you may access through this Web site When you access a non-PremoDesigns.com Web site, you are accessing an independent Web site over which PremoDesigns.com has no control or responsibility. You do so at your own risk. The presence on this Web site, of links to non-PremoDesigns.com Web site's, does not imply that PremoDesigns.com endorses or accepts responsibility for the content or use of such Web site's.


10. Amendments

We may modify, suspend, discontinue or restrict the use of any portion of this site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason.


11. Applicable Law; and Enforcement

This Web site is controlled by PremoDesigns.com from its office within the State of OR, United States of America. PremoDesigns.com makes no representation that the material on this Web site is appropriate or available for use in other locations. Any claim relating to the material on this Web site will be governed by the laws of the State of OR, notwithstanding any conflicts of law principles, and the United States of America. Your use of this Web site does not subject PremoDesigns.com to judicial process or the jurisdiction of courts or other tribunals in your jurisdiction or location. Any part of these terms and conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.


12. Contact Information

All requests for further information or for permission to reproduce any portions of this Web site should be directed to: webmaster@premodesigns.com