PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY.
FRANKWHITEBOYD.com (the ”Site“) provides articles, photos and video hosting/blogging service to you (the ”Service(s)“), subject to the following Terms of Service (”TOS“), which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use this Service. Any reference to us, our, we or similar words shall refer to this Site and its affiliates thereto.
In order to use the Services, you agree to be bound by the Privacy Notice of the Site. Please review the Privacy Notice (which may be accessed at the Site) on a regular basis as it may be updated from time to time.
Unless otherwise indicated, all Site non content materials, including, without limitation, the Site logo, and all designs, text, graphics, other non content files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of us is strictly prohibited.
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
By uploading, posting, sending or submitting photographs, pictures, images or any other content including, without limitation, graphics, video, data, text, files, links, software, music, sound (”CONTENT“), you are consenting to be bound by these Conditions of Use. If you do not agree, do not upload, post, send or submit any content to this site.
You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all ”moral rights“ in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
You understand that all Content posted by Users/Authors, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you – the Author, and not us – the Site, are entirely responsible for all Content that you/user/author upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
We retain the right, but not the obligation, to monitor and edit or remove any activity or Content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent.
Further, you may not use any meta tags or any other ”hidden text“ utilizing our name, trademark or product name without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party. We make no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites linking to this Site.
We may provide links to web pages and content of third parties (”Third Party Content“) as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
When leaving the Site, you should be aware that the TOS no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained therein at their own risk.
If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see Notice and Procedure For Notifying Designated Agent of Claims of Copyright Infringement.
Pursuant to the Digital Millennium Copyright Act (”DMCA“), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent,
Roger S. Riley
In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to firstname.lastname@example.org. After receipt of your termination notice, we will terminate your account.
We may terminate your access to the Services or your registration at any time in the event of a breach of these TOS by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these TOS at any time without cause, and may suspend access to the Service with or without notice, to any User.
User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these TOS by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.
You expressly understand and agree that:
we reserve the right to change any and all content contained on the site at any time without notice. reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the state/province/region of united state without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of dallas, united state, texas. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com, titled: Abuse/Violation; or make any comments to firstname.lastname@example.org.
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4. MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.
5. EBOOK SIGNUPS AND MAILINGS. You have the option, but not obligation, to sign up and receive a free eBook from us. Should you do so, you are agreeing to receive further emailings from us of a commercial nature.
7. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, ”Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
8. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (”User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via the DMCA link at the bottom of the page.
10. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
15. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
17. COPYRIGHT. All contents of Site or Service are: Copyright © ’ . 2017 .’ ’. Home and Decor Inspirations .’.
19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
20. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
21. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:
(a) Provide you notice by email of said change 15 days prior to the change going into force, and
(b) Publish on the home page the fact an amendment will be made.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.
All graphics and other visual elements as well as any sign reproduced on the display products reproduced on the Website belong to their respective owners and users and is provided AS IS for your personal information only. Copyright © 2004–2019 FRANKWHITEBOYD.