1. General Provisions
By accessing, visiting, browsing, using or attempting to interact with any part of this web site, or other Darwin New Home Designs services, websites or any of Darwin New Home Designs’ licensees services or software (collectively “services”), you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, please do not access or use any part of this web site.
2. Access to this site
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Darwin New Home Designs believes the information you provide is not correct, current, or complete, Darwin New Home Designs has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. Restrictions on use
4. Personal and non-commercial use limitation
Darwin New Home Designs website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Darwin New Home Designs express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Darwin New Home Designs websites.
5. Proprietary information
This site may be hyper-linked to other sites that are not maintained by, or related to, Darwin New Home Designs. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Darwin New Home Designs. Darwin New Home Designs has not reviewed any or all of such sites and is not responsible for the content of those sites. Darwin New Home Designs is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and Darwin New Home Designs makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Darwin New Home Designs provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Darwin New Home Designs of that site or any association with its operators.
7. Use of communication services
Darwin New Home Designs’ websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
- disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Darwin New Home Designs nor any third party that provides Content to Darwin New Home Designs will assume or have any liability for any action or inaction by Darwin New Home Designs or such third party with respect to any submission. Darwin New Home Designs cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Darwin New Home Designs does not control or endorse the content, messages or information found in any Communication Service and, consequently, Darwin New Home Designs specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Commentators and hosts are not authorized Darwin New Home Designs spokespersons, and their views do not necessarily reflect those of Darwin New Home Designs.
You hereby grant to Darwin New Home Designs the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Darwin New Home Designs through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Darwin New Home Designs will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Darwin New Home Designs operations.
9. Limitation on liability
Darwin New Home Designs, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Darwin New Home Designs has been advised of the possibility of such damages. In no event will the collective liability of Darwin New Home Designs and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid directly to Darwin New Home Designs for the applicable content or service out of which liability arose.
10. Termination or restriction of access
Darwin New Home Designs reserves the right, in its sole discretion, to terminate your access to any or all of Darwin New Home Designs websites and the related services or any portion thereof at any time, without notice.
12. Trademarks and copyrights
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Darwin New Home Designs or the party that provided the trademarks, services marks, logos, and copyrighted works to Darwin New Home Designs. Darwin New Home Designs and any party that provided trademarks, service marks, logos, and copyrighted works to Darwin New Home Designs retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of Darwin New Home Designs.
By accepting this agreement you waive and hold harmless Darwin New Home Designs from any claims resulting from any action taken by Darwin New Home Designs during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Darwin New Home Designs or law enforcement authorities.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Darwin New Home Designs as a result of this agreement or use of Darwin New Home Designs websites
A printed version of such documents and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern any additional items to which they pertain.