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Terms Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "SITE"). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and/or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety, please leave the Site.
Ownership of Content
The Site is owned and operated by Downs Designs, Inc., an Ohio business corporation, doing business at 8796 Tyler Boulevard, Mentor, OH 44060. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Downs Designs, and/or its affiliated companies (hereinafter collectively referred to as "Downs Designs"), its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Downs Designs, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Downs Designs or its licensors unless otherwise expressly agreed.
Copyright
The copyright in all Content is and remains owned by Downs Designs. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Downs Designs. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Downs Designs. Downs Designs does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Downs Designs retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Trademarks
All trademarks, service marks and trade names of Downs Designs used herein (including but not limited to: the word mark "Downs Designs", "the Downs Designs Mountain Logo", "the word mark "Downs Designs threads" and the word mark "Downs Designs Europe") are trademarks or registered trademarks of Downs Designs or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Downs Designs trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Downs Designs' prior written consent. The use of Downs Designs trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Downs Designs.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
Downs Designs DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. Downs Designs DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW.
Downs Designs RESERVICES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitation of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Downs Designs, NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF Downs Designs HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Links to third parties
For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Downs Designs' service and off the Downs Designs Site and are beyond Downs Designs' control. This includes links to partners that may use Downs Designs' logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Downs Designs seeks to protect the integrity of its Site, Downs Designs is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them. Downs Designs seeks to protect the integrity of its website and the links placed on it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Misuse of the Site
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, harassing, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Participation Disclaimer
From time to time Downs Designs makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Downs Designs only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. Downs Designs reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Downs Designs. Downs Designs does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of those communications and materials.
Privacy
We realize that consumers are concerned about how the information they provide on-line will be used. Please read our Privacy Policy for more details.
Intended for Users over Thirteen
The site is intended for use by individuals of at least 13 years of age or older. The site is not directed for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the site. Please refer to our Privacy Policy for more information. No order may be placed by any person under the age of majority, or whose contractual capacity is restricted.
Unsolicited ideas
Downs Designs maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") from persons external to Downs Designs. You should therefore not post any Materials on the Site or send these to Downs Designs by e-mail or otherwise. In the event you do sent Downs Designs any Materials, despite the request not to do so, Downs Designs shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and Downs Designs shall not be bound by any confidentiality obligation in respect of such Materials. If Downs Designs shall so elect, in its sole discretion, the Materials shall be the sole property of Downs Designs. Downs Designs shall have no obligation to retain the materials and may dispose of them without further notice to the sender.
Indemnification
You agree to indemnify, defend and hold harmless Downs Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your use of the Site (including negligent or wrongful conduct).
Changes to the terms
Downs Designs reserves the right, at its discretion without notice to you, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Downs Designs Privacy Policy) will mean you accept those changes.
Purchases
When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you can place your order.
Applicable Law and Jurisdiction
These terms and conditions shall be governed by the laws of the State of Ohio, United States of America, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the State or Federal Courts functional jurisdiction over Lake County, Ohio, United States of America. Any cause of action or claim you may have with respect to the Site must be commenced within one year of the date the claim or cause of action arises. Downs Designs's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
How you can contact us
If you have any questions or comments about the Site or any of our services, please click here or write to us: Downs Designs, 8796 Tyler Boulevard, Mentor, OH 44060.
Notice
Downs Designs, Inc. may deliver notice to you by means of e-mail, general notice on the site, or by other reliable method to the address you have provided to Downs Designs.
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