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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of The CS
Moore Studio. The collective work includes works that are licensed to
The CS Moore Studio. Copyright 2006, The CS Moore Studio and respective
copyright holders ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with The CS Moore Studio or purchasing
The CS Moore Studio products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place
an order with The CS Moore Studio or to purchase The CS Moore Studio
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by The CS Moore Studio. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks All
trademarks, service marks and trade names of The CS Moore Studio used
in the site are trademarks or registered trademarks of The CS Moore
Studio.
Warranty Disclaimer This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, The CS Moore
Studio disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. The CS Moore Studio does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. The CS Moore Studio does not make
any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability The
CS Moore Studio shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if The
CS Moore Studio has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors In
the event that a CS Moore Studio product is mistakenly listed at an
incorrect price, The CS Moore Studio reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. The
CS Moore Studio reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, The CS Moore Studio shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by The CS Moore
Studio without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice The
CS Moore Studio may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to The CS Moore Studio.
Miscellaneous Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of The
CS Moore Studio products) shall be in the state or federal courts
located in Baltimore County, Maryland. Any cause of action or claim you
may have with respect to the site (including but not limited to the
purchase of The CS Moore Studio products) must be commenced within one
(1) year after the claim or cause of action arises. The CS Moore
Studio'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. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms
and conditions. The CS Moore Studio may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Use of Site Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a CS Moore Studio or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer The
CS Moore Studio 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 these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, The CS Moore
Studio is merely acting as a passive conduit for such distribution and
is not undertaking any obligation or liability relating to any contents
or activities on the site. However, The CS Moore Studio reserves the
right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to The CS Moore Studio in its sole discretion.
Indemnification You
agree to indemnify, defend, and hold harmless The CS Moore Studio, 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 account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links In
an attempt to provide increased value to our visitors, The CS Moore
Studio may link to sites operated by third parties. However, even if
the third party is affiliated with The CS Moore Studio, The CS Moore
Studio has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of The CS
Moore Studio. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, The CS Moore
Studio seeks to protect the integrity of its web site and the links
placed upon 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).
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