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1. INTRODUCTION
Welcome to the Internet site of Curtainsource.com.
2. RESTRICTIONS ON USE OF MATERIALS
All information, content, and materials contained on the
curtainsource.com Web Site are our copyrighted property or the
copyrighted property of our licensors or licensees. All trademarks,
service marks, trade names, and trade dress are proprietary to us
and/or our licensors or licensees. No information, content or material
from the curtainsource.com Web Site or any Internet site owned,
operated, licensed, or controlled by us may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way,
except that you may download one copy of the information, content or
materials on any single computer for your personal, noncommercial home
use only, provided that (a) you keep intact all copyright and other
proprietary notices; (b) you make no modifications to the information,
content, or materials; (c) you do not use the information, content, or
materials in a manner that suggests an association with any of our
products, services, or brands; and (d) you do not download
information, content, or materials so as to avoid future downloads
from the curtainsource.com Web Site. The use of any information,
content, or materials on the curtainsource.com Web Site on any other
web site or computer environment is prohibited.
The publicly available portion of the curtainsource.com Web Site is
only for your personal use. You may not use the curtainsource.com Web
Site for commercial purposes or in any way that is unlawful, or harms
us or any other person or entity, as determined in our sole
discretion.
In the event that you download software or documents from the
curtainsource.com Web Site, the materials, including any files, images
incorporated in or generated by the software, and data accompanying
the software (collectively, the "Materials") are licensed to you by us
or third-party licensors for your personal, noncommercial home use
only. We do not transfer title to the Materials to you. You may own
the medium on which the Materials resides, but we or our third-party
licensors retain full and complete title to the Materials and all
intellectual property rights therein. You may not redistribute, sell,
auction, decompile, reverse engineer, disassemble, or otherwise reduce
the Materials. Materials from the curtainsource.com Web Site are
further subject to United States export controls. Without limiting the
generality of the foregoing, no Materials from the curtainsource.com
Web Site may be downloaded or otherwise exported or re-exported (a)
into (or to a national or resident of) Cuba, Libya, North Korea, Iran,
Syria, or any other country to which export is subject to control or
licensing by the U.S.; or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the Materials, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or
on any such list or otherwise in violation of export control laws or
regulations.
3. REGISTRATION INFORMATION AND SECURITY
You agree to provide, maintain, and update true, accurate, current,
and complete information about yourself and your website as prompted
by our registration processes ("ADD YOUR SITE"). If you provide any
information that does not satisfy this provision, or we have
reasonable grounds to suspect as much, we have the right to suspend or
terminate your account and refuse any and all current or future use of
the curtainsource.com Web Site (or any portion thereof).
You also agree (a) to promptly notify us at
info@curtainsource.com of
any unauthorized use of your username, password, other account
information, or any other breach of security that you become aware of
involving or relating to the curtainsource.com Web Site. In addition,
you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages
arising from your failure to comply with this section.
WE MAY CHANGE THE curtainsource.com Web Site OR DELETE CONTENT OR
FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
4. CONTENT LINKED TO THE curtainsource.com Web Site
You should be aware that when you are on the curtainsource.com Web
Site, you could be directed to other sites that are beyond our
control.
We make no representations concerning the content of sites listed in
any of our directories. Consequently, we cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality, or
decency of material contained in sites listed in our search results or
otherwise linked to the curtainsource.com Web Site.
5. DISCLAIMER
THE INFORMATION, CONTENT, AND MATERIALS ON THE curtainsource.com Web
Site ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND
MATERIALS ON THE curtainsource.com Web Site (INCLUDING, WITHOUT
LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
curtainsource.com Web Site OR THE SERVERS THAT MAKE SUCH INFORMATION,
CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR
OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO
THE curtainsource.com Web Site, INCLUDING, WITHOUT LIMITATION,
USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO
FROM THE curtainsource.com Web Site IN TERMS OF THEIR CORRECTNESS,
ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR OTHERWISE. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
completeness, or availability of information, content, and materials
found on sites that link to or from the curtainsource.com Web Site. We
strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any business decision.
6. SUBSCRIPTIONS/BILLING
Some services offered on the curtainsource.com Web Site are
subscription-based services. Please refer to the Member Service
Agreement and License Agreement for the applicable subscription-based
service for specific terms and conditions applicable thereto.
7. THIRD PARTY LINKS
In an attempt to provide increased value to our users, we may provide
links to other websites or resources. You acknowledge and agree that
we are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content
(including misrepresentative or defamatory content) of such websites,
including (without limitation) any advertising, products or other
materials or services on or available from such websites or resources,
nor for any damage, loss or offence caused or alleged to be caused by,
or in connection with, the use of or reliance on any such content,
goods or services available on such external sites or resources.
8. TERMINATION OF ACCOUNT
We may terminate your account:
a) if you violate our Terms And Conditions.
b) promote CURTAINSOURCE.COM in a manner that is unethical or
inappropriate
c) for any reason, in our sole discretion.
9. REFUNDS
In the case that you are not
happy with our service and you request a refund after the first 30-day
guarantee period, a refund will be issued for any unused months of
your subscription. A $1 "payment processing fee" which is charged to
us by our payment provider, will be deducted from refund.
10.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of
your username(s), password(s), and your account(s), as well as all
activities that occur under your account(s). You hereby agree to
indemnify, defend, and hold us, our licensors, licensees,
distributors, agents, representatives, and other authorized users, and
each of the foregoing entities' respective resellers, distributors,
service providers, and suppliers, and all of the foregoing entities'
respective officers, directors, owners, employees, agents,
representatives, and assigns (collectively, the "Indemnified Parties")
harmless from and against any and all losses, damages, liabilities,
and costs (including, without limitation, settlement costs and any
legal or other fees and expenses for investigating or defending any
actions or threatened actions) incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these
terms of use or claims arising from your account(s). You shall use
your best efforts to cooperate with us in the defense of any claim. We
reserve the right, at our own expense, to employ separate counsel and
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY
(INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT
RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE
curtainsource.com Web Site OR CONTENT, MATERIALS, OR FUNCTIONS ON ANY
SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE,
OF ANY USER OF THE curtainsource.com Web Site OR ANY OTHER PERSON OR
ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU, IF ANY, OR $19.95 (WHICHEVER IS LESS) FOR ACCESSING OR
PARTICIPATING IN ANY ACTIVITY RELATED TO THE curtainsource.com Web
Site.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND
LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS,
DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE HELD LIABLE FOR ANY
DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM
AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT
AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS,
STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR
OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE
CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING
ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND
SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSORS
AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE
RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE
RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE
curtainsource.com Web Site AND ANY WEB SITE, SERVICE, SOFTWARE OR
HARDWARE, OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY
TRANSMISSIONS OR TRANSACTIONS RELATING TO THE curtainsource.com Web
Site IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF OR THE EXCLUSION,
LIMITATION, OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET
FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS, OR
DISCLAIMERS MAY NOT APPLY TO YOU.
12. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or
relating to these terms of use shall be filed, and that venue properly
lies, only in state or federal courts located in New York City, New
York, and
you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. We make no
representation that information, content, or materials on the curtainsource.com Web Site are appropriate or available for use in any
particular location. Those who choose to access the curtainsource.com
Web Site do so on their own initiative and are responsible for
compliance with all applicable laws including, but not limited to, any
applicable local laws.
13. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add,
or delete portions of these terms of use at any time without notice,
and it is your responsibility to review these terms of use for any
changes. Your use of the curtainsource.com Web Site following any
amendment of these terms of use will signify and constitute your
assent to and acceptance of such revised terms of use.
14. TERMINATION
These terms of use are effective until terminated by either you or us.
You may terminate these terms of use at any time by discontinuing
use of the curtainsource.com Web Site and destroying all materials
obtained from the site and all related documentation and all copies
and installations thereof, whether made under these terms of use or
otherwise.
We may immediately terminate these terms of use with respect to you
(including your access to the curtainsource.com Web Site) without
cause and without notice to you in our sole discretion. Upon
termination, you must cease use of the curtainsource.com Web Site and
destroy all materials obtained from the site and all copies thereof,
whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the
termination, in appropriate circumstances, of users who are repeat
infringers of copyright.
The provisions of these terms of use, which by their nature should
survive the termination of these terms of use, shall so survive such
termination.
15. GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance
with the laws of the State of New York and the laws of the United
States, without giving effect to any principles of conflicts of law.
If any provision of these terms of use shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from these terms of use and shall not affect the validity
and enforceability of any remaining provisions. No waiver of any
provision of these terms of use by us shall be deemed a further or
continuing waiver of such provision or any other provision, and our
failure to assert any right or provision under these terms of use
shall not constitute a waiver of such right or provision. YOU AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE curtainsource.com Web Site MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED. |