TOS
Monday 19 July 2010 - 01:00:05
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Statement, which is incorporated into these Terms of Use by reference.

2. Our Service
Our web site and services provided to you on and through our web site on an AS IS basis.You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

4. Privacy Policy
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement.

5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) Provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

13. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.





WEB DESIGN Terms of Service


By ordering any service from Veteran Soldier , you (hereafter referred to as 'Client') agree to abide by the following terms of service:



  • COPYRIGHT AND PERMISSION

    It is the sole responsibility of the CLIENT to obtain all necessary permissions and authorizations with regard to the use of all copy, graphic images, company logos, trademarks and or any other supplied material. Every contracted work will be seen as a guarantee that all such permissions have been obtained.





  • OWNERSHIP

    All sites, graphics, and other files created by Veteran Soldier for the CLIENT are the sole property of Veteran Soldier until CLIENT'S balance is paid in full, at which time said sites, graphics, and other files are the sole property and responsibility of the CLIENT.




  • YOUR INFORMATION


    We're always aiming to improve our services for its customers and the more we know about you, the better we can serve you. The personal information that you provide to us through Veteran Soldier enables us to personalize and improve your experience with our company and services for you. Your personal information is collected in a variety of ways such as completing your registration form.


    Your information will NEVER be




    • Sold or given away to a third party outside of Veteran Soldier's Services.


    • Used for any other means than to determine the best outline and service our
      company can provide for your experience with our service.




  • ACCESS & RIGHTS

    Veteran Soldier must be granted access to the server directory where the design is to be placed. By signing this agreement, it is also granting Veteran Soldier full "on demand" access to the installed files. CLIENT further agrees that Veteran Soldier shall have the right to remove "our" design from public view for failure to adhere to the terms of this agreement. These could include violating licensing agreement or failure to pay fees duly assessed.




  • EXEMPTION


    Veteran Soldier cannot and will not be held responsible for modifications, alterations, or deletions made by any third party. CLIENT acknowledges and agrees that Veteran Soldier has no control over and will not be liable for the unlawful acts of others who access CLIENT'S installed and publicly posted materials.






  • RIGHT OF REFUSAL



    Veteran Soldier reserves the right to refuse service for any content deemed inappropriate, illegal or immoral. Veteran Soldier may cancel this agreement for failure of CLIENT to abide by these terms.




  • "SUBMITTED FOR YOUR APPROVAL"



    Veteran Soldier will post all site work done to our server for review by CLIENT. This will allow the CLIENT an opportunity to review the appearance and content of scripted material. All custom programming and custom graphics including logos, animations and flash programming provided for CLIENT per the original contract will be considered as part of the finished product even if the CLIENT decides not to use.


    If the CLIENT request changes outside the limits of original contract, CLIENT agrees to pay Veteran Soldier web design fees on a per hour basis. Unless Veteran Soldier is notified via email within ten (10) days of posting review, Veteran Soldier will consider the material deemed acceptable by the CLIENT. Payment of the fee balance will then become due.




  • POSTING TO SERVER



    Upon payment of balance, Veteran Soldier will post (install) pages to CLIENT'S server (site location). This may take several days depending on the setup times and server side changes that need to be made.




  • SERVICE INTERRUPTIONS



    CLIENT acknowledges and agrees that Veteran Soldier cannot guarantee constant service because of the variables involved. Circumstances beyond our control include but are not limited to service interruptions caused by Acts of God, telecommunications system failures and server problems.




  • LIABILITY

    Veteran Soldier will not be held responsible for any damages arising from the use, misuse, or implementation of any sites, graphics, or other files created for the CLIENT.



  • ACCEPTANCE OF TERMS



    Placing an order or contracting Veteran Soldier for web design or graphic design will be regarded as acceptance of these Terms and Conditions.



  • DESIGNER "BRANDING"



    CLIENT agrees that a link will appear at the bottom of each page in the CLIENT'S site. Link will be in the form of a very small graphic and/or text link. If the CLIENT wishes to remove the branding link, it can be done for a fee of $50, and only for websites.




  • FEES

    Fees due are payable by credit cards and via Pay Pal. The initial payment of 50% being due upon signing this agreement. The balance will become due upon completion of the contracted work in accordance with the CLIENT'S original written specifications. Final payment must be received before the site will be "live". All overdue accounts will be assessed a 10% monthly late fee. All payments must be in US funds. PAYMENT MUST BE RECEIVED BEFORE THE SITE GOES LIVE. NO EXCEPTIONS.

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