Terms of Use
Illahe Tileworks provides
its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time. In addition,
when using particular Illahe Tileworks services, you and Illahe Tileworks shall
be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS. Illahe Tileworks also may
offer other services from time to time, such as Illahe Tileworks Store and
Illahe Tileworks Sites that are governed by different Terms of Services.Illahe Tileworks
Section 1 Use
of Material -Illahe Tileworks authorizes you to view and download a single
copy of the material on the Web Site solely for your personal, non-commercial
use. Special rules may apply to the use of certain software and other
items provided on the Web Site. Any such special rules are listed as
"Legal Notices" on this Web Site and are incorporated into this Agreement
by reference.
The contents of
this Web Site, such as text, graphics, images, audio, video and other
material ("Material"),are protected by copyright under both United States
and foreign laws, and are owned or controlled by Illahe Tileworks or by third
parties that have licensed their Material to Illahe Tileworks.
Unauthorized use
of the Material may violate copyright, trademark, and other laws. You
must retain all copyright and other proprietary notices contained in
the original Material on any copy you make of the Material. You may
not sell or modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public
or commercial purpose. The use of the Material on any other Web site
or in a networked computer environment for any purpose is prohibited,
without the express written permission of Illahe Tileworks.
The trademarks,
logos and service marks (the "Marks") displayed on the Web Site are
owned by Illahe Tileworks or third parties. You are prohibited from use of
those Marks without the express, written permission of Illahe Tileworks or
such third party. If you would like information about obtaining Illahe Tileworks's
permission to use the Material on your Web site, e-mail manager@Illahe Tileworks.com.
If you violate any
of these Terms, your permission to use the Material automatically terminates
and you must immediately destroy any copies you have made of the Material.
Section 2 Illahe Tileworks's
Liability - The Material may contain inaccuracies or typographical
errors. Illahe Tileworks makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to
be obtained from using the Web Site and the Material. Any use of the
Web Site and the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time. Some Material on the
Web Site is provided by third parties and Illahe Tileworks shall not be held
responsible for any such Material provided by third parties.
Illahe Tileworks DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB
SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, Illahe Tileworks IS NOT RESPONSIBLE
FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS'
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Illahe Tileworks AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR
THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Illahe Tileworks AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3 Disclaimer
of Certain Damages - IN NO EVENT SHALL Illahe Tileworks, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT Illahe Tileworks IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4 User
Submissions - Generally, any communication which you post to the
Web Site (whether in chat rooms, on message boards or otherwise) is
considered to be non-confidential. If particular Web pages permit the
submission of communications which will be treated by Illahe Tileworks as
confidential, that fact will be stated on those pages. By posting communications
to the Web Site, you automatically grant Illahe Tileworks a royalty-free,
perpetual, irrevocable non-exclusive license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
Illahe Tileworks does
not control the information delivered to the chat rooms or message boards,
and Illahe Tileworks has no obligation to monitor any such information. As
a User, you are responsible for your own communications and are responsible
for the consequences of their posting.
You must not do
any of the following things while accessing the Web Site or using the
Materials:
- Post or transmit
material that infringes any patent, trademark, copyright, trade secret
or other proprietary right of any party (the "Rights"), unless you are
the owner of the Rights or have the permission of the owner to post
or transmit such material;
- Post material that
infringes on any other intellectual property rights of others or on
the privacy or publicity rights of others;
- Post material that
is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing
or otherwise objectionable to another User or any other person or entity;
- Post sexually-explicit
language or images;
- Post advertisements
or solicitations of business;
- Post or transmit
any chain letters or pyramid schemes;
- Impersonate another
person or entity;
- Intentionally or
unintentionally violate any applicable local, state, national or international
law while using or accessing the Web Site or the Materials;
- harm minors in
any way;
- Forge headers or
otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
- Upload, post, email
or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
- Post or transmit
any information containing a virus or other harmful component.
Violation of any
of the above rules is grounds for immediate loss of membership to
Illahe Tileworks and it's services as well as possible legal action.
Illahe Tileworks does
not endorse, support, represent or guarantee the truthfulness, accuracy,
or reliability of any communications posted by other Users or endorse
any opinions expressed by Users. You acknowledge that any reliance on
material posted by other Users will be at your own risk.
Illahe Tileworks does
not screen communications in advance and is not responsible for screening
or monitoring material posted by Users. If notified by a User of communications
which allegedly do not conform to any term of this Agreement, Illahe Tileworks
may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
Illahe Tileworks has no liability or responsibility to Users for performance
or non-performance of such activities. Illahe Tileworks reserves the right
to expel Users and prevent their further access to the Web Site for
violating this Agreement or the law and the right to remove communications
which are abusive, illegal, or disruptive.
Section 5 Links
to Other Sites - This Web Site contains links to third party web
sites that are maintained by others. These links are provided solely
as a convenience to you and not as an endorsement by Illahe Tileworks of the
contents on such third-party Web sites. Illahe Tileworks is not responsible
for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party Web
sites. If you decide to access linked third-party Web sites, you do
so at your own risk.
Section 6 Licenses
- All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other
rights. The use of such software is governed by the terms of the software
license agreement or designated "Legal Notice" accompanying such software
("License Agreement"). The downloading and use of such software is conditioned
on agreement to be bound by the terms of the License Agreement. Subject
to the foregoing paragraph or as otherwise expressly provided, nothing
within the Web Site shall be construed as conferring any license under
any of Illahe Tileworks's or any third party's intellectual property rights,
whether by implication or otherwise.
Section 7 Limitation
of Liability - Your use of this Web Site is at your own risk. If
you are dissatisfied with any of the Materials or other contents of
the Web Site or with these Terms and Conditions, your sole remedy is
to discontinue use of the Web Site.
UNDER NO CIRCUMSTANCES
SHALL Illahe Tileworks BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE
OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES
ARISING FROM ANY USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY
BE INCURRED BY THIRD PARTIES.
Section 8 Indemnity
- You agree to defend, indemnify, and hold harmless Illahe Tileworks, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material
(including Software) or your breach of the terms of this Agreement.
Illahe Tileworks shall provide notice to you promptly of any such claim, suit,
or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
Section 9 Export
Control - The United States controls the export of products and
information. You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a country
where such export is prohibited and that you are not on the U.S. Commerce
Department's Table of Denial Orders or the U.S Treasury Department's
list of Specially Designated Nationals. You are responsible for compliance
with the laws of your local jurisdiction regarding the import, export,
or re-export of the Product.
Section 10 User
Information - Illahe Tileworks may use the information it obtains relating
to you, including your IP address, name, mailing address, email address
and use of the Web Site, for its internal business and marketing purposes
and may disclose the information to third parties for such purposes.
Section 11 General
- Illahe Tileworks makes no claims the Materials are appropriate for any particular
purpose or audience, or that they may be downloaded outside of the United
States. Access to the Materials (including Software) may not be legal
by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
This Web Site is
based in Dallas, Texas. All legal issues arising from or related to
the use of the Web Site shall be construed in accordance with and determined
by the laws of the State of Texas applicable to contracts entered into
and performed within the State of Texas without respect to its conflict
of laws principles. By using this Web Site, you agree that the exclusive
forum for any claims or causes of action arising out of your use of
this Web Site is the United States District Court for the Northeastern
District of Texas, or any Texas State court sitting in Dallas County.
You hereby irrevocably waive, to the fullest extent permitted by law,
any objection which you may now or hereafter have to the laying of the
venue of any such proceeding brought in such a court and any claim that
any such proceeding brought in such a court has been brought in an inconvenient
forum.
If any provision
of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other
term.
Except as expressly
provided in a particular "Legal Notice" for Software or material on
particular web pages, this Agreement constitutes the entire Agreement
between you and Illahe Tileworks with respect to the use of Web Site. Any
changes to this Agreement must be made in writing, signed by an authorized
representative of Illahe Tileworks.
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