User Agreement/Terms of Use
You accept the Agreement by completing the sign
up process and this Agreement will be a binding legal agreement between you and
The CE Dezigns Publishing Company, LLC.
We will refer to the company throughout this Agreement as “CE Dezigns”,
“we” or “us”.
This agreement sets forth the terms and
conditions governing your use of our “website” at www.waterfowlcrossing.com as a
subscriber. In order to subscribe to
our website, you must accept the Agreement.
Please read this Agreement completely and carefully.
To subscribe to our website you must
be 18 years of age or older.
Becoming a subscriber requires you to register an
account. You agree to provide the
accurate and current information requested during registration and to promptly
update your information as necessary to keep it accurate and complete at all
times. You agree to keep
confidential all personal identifiers resulting from registering with our
websites (such as passwords and user names) and to be held responsible for all
activities under your account.
Further, you agree to notify us of any unauthorized use of your password or
account. You acknowledge that our
website is restricted to subscribers who supply us with valid billing
information.
If you subscribe to our website you agree to pay
all subscription fees and all charges to your account, including applicable
taxes, in accordance with the payment terms in effect at the time the fee or
charge becomes payable or under applicable law.
We may modify the pricing of subscriptions and the available subscription
plans at any time and at our discretion.
Subscriptions will be valid for the full term whether you access the
website or not. No refunds will be
provided.
Content.
The content offered through our website
(“Content”) is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties.
All title and copyrights in and to
the Content are the property of CE Dezigns.
The Content is licensed to you for the duration of your subscription to
our website subject to the terms of this Agreement.
Your right to use the Content is
limited, personal, non-transferable, and non-exclusive.
You may not copy, modify, rent,
lease, or sublicense the Content, create derivative works based on the Content,
or otherwise commercially exploit the Content.
You may use your subscription on any computer or device with internet
accessibility, but you must use a valid subscriber account to access our
website.
In connection with the use of our website, you
shall abide by all applicable federal, state or local laws, including those
pertaining to such areas a s libel, slander, defamation, trade libel, product
disparagement, harassment, child protection, invasion of privacy, tort,
obscenity, indecency, and copyright or trademark infringement.
You acknowledge sole liability for
violations of any such laws or of this Agreement and release CE Dezigns from any
claims or liabilities with respect to the same.
Except as expressly provided, nothing herein or
within our website shall be construed as conferring any intellectual property
rights, whether by implication, waiver, or otherwise.
Without limiting the generality of
the foregoing, the rights granted to you herein are expressly made subject to
full and strict compliance by you with any and all of the provisions of this
Agreement.
Warnings.
We make no representation that our website is
free of viruses, worms or other malicious or rogue software (Rogue
Programming”). Any downloading of
Content or other materials or any other use of our website is at your own risk,
and you are advised to take adequate precautions to minimize any loss to you
caused by any Rogue Programming, including use of such measures as anti-virus
programs and proper backup of files.
You are cautioned that any online communications
may not be fully confidential and secure.
You should be aware that some administrative personnel at CE Dezigns my,
in the course of their regular duties, have access to communications for
technical or operational purposes.
We may also disclose any communications to the extent permitted or required by
law or when required in order to resolve disputes between you and us.
Limitations of liability and indemnities.
OUR WEBSITE AND THE CONTENT ARE PROVIDED ON AN
“AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITAION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER
CE DEZIGNS NOR ITS EMPLOYEES,
MANAGER, OWNERS, LICENSORS OR ANY OF ITS MEMBERS OR AFFILIATES WARRANT THAT ANY
INFORMATION IS COMPLETE OR ACCURATE, THAT OUR WEBSITE WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL CE DEZIGNS, ITS EMPLOYEES, MANAGER, OWNERS, LICNSORE, MEMBERES OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE OUR
WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION
AVAILABLE ON OUR WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS,
DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF
INFORMATION, DISCLOSURE, OF COMMINICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS
AND/OR LIABILITY AGAINST CE DEZIGNS, ITS IMPLOYEES, MANAGERS, OWNERS, LICENSORS,
MEMBERS AND AFFILIATES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR
WEBSITE AND/OR THE CONTENT. YOU ALSO
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, CE DEZIGNS, ITS EMPLOYEES,
MANAGERS, OWNERS, LICESORS, MEMBERS AND AFFILIATES FROM AND AGAINST ANY AND ALL
CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN
CONNECTION WITH YOUR USE OR MISUSE OF OUR WEBSITE, UNAUTHORIZED USE OF YOU
ACCOUNT, PASSOWRDS OR USER NAMES, OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
Suspension or termination of service or your
account.
You acknowledge and agree that we reserve the
right, at any time, to modify or discontinue our website, or any part of it,
without notice to you, and that we will not be responsible or liable, directly
or indirectly, to you or any other person for any loss or damage of any kind
incurred as a result of, or in connection with, any such modifications or
discontinuance.
You further acknowledge and agree that we, in our
sole and absolute discretion, may without notice to you, suspend or terminate
your account or your use of, or access to, our website and the Content, and
remove and discard any information or content related to you use of our
websites, for any reason, including if we believe that you have violated this
Agreement. You further agree that we
shall not be liable to you or t any other person as a result of any such
suspension or termination. If you
are dissatisfied with our websites or with any terms, conditions, rules,
policies, guidelines, or practices of in operating our website, your sole and
exclusive remedy is to discontinue using our website.
Any amounts payable for our websites
shall be payable in advance, and we shall not be required to refund to you and
amounts prepaid.
CE Dezigns rights and defenses hereunder shall
survive the termination of your account and this Agreement.
CE Dezigns intellectual property.
Waterfowlcrossing.com and its content is a
trademark of CE Dezigns. Any use of
any of the marks appearing on our website ( unless you first receive our express
written consent or the consent), is strictly prohibited.
CE Dezigns trademarks, the CE Dezigns logo, and
any other product or service name or slogan contained in our website and the
Content are trademark, trade dress and service marks of CE Dezigns and its
suppliers or licensors and may not be copied, imitated or used, in whole or in
part, without the prior written consent of CE Dezigns.
You may not use metatags or any other
“hidden text” utilizing “CE Dezigns” or any other name, trademark, service mark
or product or service name of CE Dezigns without our prior written permission.
In addition, the look and feel of our
websites, including all page headers, custom graphics, button icons and scripts,
are the service marks, trademarks and/or trade dresses of CE Dezigns and may not
be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks,
service marks, product names and company names or logos mentioned in our
websites are the property of their respective owners.
Our reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply our
endorsement, sponsorship or recommendation thereof.
All information and Content contained on, or made
available over, our websites is owned by or licensed to CE Dezigns, subject to
copyright and other intellectual property rights under United States and foreign
laws and international conventions.
CE Dezigns reserves all rights to the Content.
License and site access.
CE Dezigns grants you a limited license to access
and make personal use of our websites and not to download (other than necessary
for page viewing) or modify it, or any portion of it, except with our express
written consent. This license does
not include any resale or commercial use of our website or the Content, any
derivative use of our websites and the Content, any downloading or copying of
account information for the benefit of another, or any use of data mining,
spiders, robots, or similar data gathering and extraction tools.
Our website or any portion of it may
not be reproduced, distributed, duplicated, republished copied, sold, resold or
otherwise exploited without our express written consent.
You may not frame or utilize framing
techniques or caches to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of CE Dezigns without
express written consent. Any
unauthorized use of our websites automatically terminates your permission or
license to use our Site.
You agree that you will not send us any material
that is illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise objectionable.
You must not send to us any malicious
software (such as viruses, Trojan horses and the like) or other Rogue
Programming, political messages, solicitations, mass mailings, or any form of
“spam.” You agree not to attempt
illegal or unauthorized entry into our computer system, to attempt to access
sensitive system information, to access or track the information of the users,
or to use our website for any other illegal or unauthorized activity.
You may not use a false e-mail
address. Impersonate any person or
entity, or otherwise mislead as to you identity.
CE Dezigns attempts to provide accurate
descriptions of the Content.
However, we do not warrant that any part of the Content is accurate, complete,
reliable, current, or error-free. If
Content is materially misrepresented, your sole remedy is to cease use of the
Content and to notify us of the purported error.
Our website may include links to other internet
sites as a convenience to you. We do
not monitor or endorse any such sites or the information, products or services
contained on or accessible through such sites.
If you access such sites, you do so solely at your own risk.
Miscellaneous provisions.
This Agreement supersedes any prior agreements,
understandings and representations between you and us relating to the subject
matter of the Agreement. Our failure
to insist upon or enforce strict performance of any right or provision of
this Agreement shall not constitute
or be construed as a waiver of any right or provision.
If any of the provisions (or parts
thereof) contained herein, and the affected provisions will be amended to the
form most similar to the original which is in compliance with the law.
This Agreement shall be governed by
and construed in accordance with the laws of the State of Ohio, USA and the
federal laws of the United States of America applicable thereto.
You agree that any dispute in
connection with our website and/or Content shall be the sole and exclusive
jurisdiction of the Supreme Court of the State of Ohio or the U.S. Federal
District Court located in Cuyahoga County, Ohio, and you irrevocably submit to
the jurisdiction of such courts and agree to accept service of process by
electronic mail.
This Agreement is subject to change from time to
time, and your continued use of our website is conditioned upon your acceptance
of any modifications hereto.
Credits: various icons found on this site were created by http://p.yusukekamiyamane.com
You may
send us an e-mail at
info@waterfowlcrossing.com.