USE OF CONTENT
All text, images, graphics, media, content, data, and information on the Site ("Content”) are for general informational purposes only. The Site is the property of DRAPES 4 SHOW and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the web site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth herein, all rights in the Content and the Site are reserved to DRAPES 4 SHOW and its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change and the operation of the Site may terminate without notice in the sole discretion of DRAPES 4 SHOW. DRAPES 4 SHOW authorizes you to view and make a reasonable, limited number of copies of particular Content for noncommercial use if you include the following copyright notice, in addition to any other copyright and proprietary rights notices originally contained in the Content: "© 2003 Drapes 4 Show Co., Inc. All rights reserved.”
DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRAPES 4 SHOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. DRAPES 4 SHOW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DRAPES 4 SHOW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of DRAPES 4 SHOW. Accordingly, DRAPES 4 SHOW assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
In no event shall DRAPES 4 SHOW be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not DRAPES 4 SHOW is advised of the possibility of such damages. In the event that DRAPES 4 SHOW is found to be liable to you for any form of damages, DRAPES 4 SHOW’s liability shall be limited to US $500. You agree that DRAPES 4 SHOW shall not be liable for any personal injury, including death, caused by your use or misuse of the Content or the Site. Some states may not allow the limitation or exclusion of incidental or consequential damages; so the above limitation or exclusion may not apply to you. Any claims arising in connection with your use of the Content or the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Your remedies are exclusive and limited to those expressly provided for herein.
No User submissions to the site create any legal obligation on the part of DRAPES 4 SHOW, nor does DRAPES 4 SHOW’s receipt of such submissions constitute any acceptance by DRAPES 4 SHOW of the contents of such submissions.
You agree that you will not transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, including without limitation information relating to employment applications, you agree that all such submissions and communications are non-confidential for all purposes, and further that to the best of your knowledge such submission and communications comply fully with all requirements set forth in the relevant portions of the Site or elsewhere as indicated on the Site or in other DRAPES 4 SHOW materials. If you make any such submission, you hereby grant to DRAPES 4 SHOW, or warrant that the owner of such content has expressly granted to DRAPES 4 SHOW all right, title, and interest in and to such submission, including without limitation all rights of copyright therein, including the rights to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. DRAPES 4 SHOW may freely assign or sublicense these rights.
You agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using the Site for any purpose in violation of local, state, national, or international laws;
2. Attempting to use the Site to disseminate material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Attempting to use the Site to disseminate material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DRAPES 4 SHOW in its sole discretion;
4. Attempting to use the Site to disseminate advertisements;
5. Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
6. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
7. Engaging in any other which, in the judgment of DRAPES 4 SHOW, exposes DRAPES 4 SHOW or any third party to any liability or detriment of any type;
8. Knowingly submitting false or misleading information relating to employment opportunities.
DRAPES 4 SHOW reserves the right to deny access to the Site for any violation of these Terms and Conditions.
LINKS TO OTHER SITES. DRAPES 4 SHOW does not endorse, takes no responsibility for, and expressly disclaims any warranties of any kind as to content on any third-party websites, including without limitation linked third-party sites, sites of third-party advertisers on the Site, and sites framed within the Site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. DRAPES 4 SHOW does not endorse any product advertised on the Site.
You agree to defend, indemnify, and hold harmless DRAPES 4 SHOW, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
DRAPES 4 SHOW makes no claims that the Content is appropriate or may be downloaded in any particular jurisdiction. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement (including without limitation the provisions captioned Disclaimer and Limitation of Liability, User Communications, Indemnity, and Jurisdiction) shall survive such termination.
You expressly agree that exclusive jurisdiction for any dispute with DRAPES 4 SHOW, or in any way relating to your use of the Site, resides in the state and federal courts located in the State of California and you further agree and expressly consent to the exercise of personal jurisdiction state and federal courts located in the State of California in connection with any such dispute including any claim involving DRAPES 4 SHOW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
There are a number of situations when DRAPES 4 SHOW may collect information that specifically and personally identifies you (“personal information”). For example, we may request your personal information when you are discussing a service issue, participating in an online survey or promotion, registering to receive additional information regarding our products and services, sending a question, or purchasing a product. When you interact with DRAPES 4 SHOW, we may collect personal information relevant to the situation such as your name, mailing address, phone number, email address, contact preferences, credit card information, information about products you use or own, and other information relating to a support or service issue.
In some of our email messages, DRAPES 4 SHOW uses a “click-through URL” linked to content on the Site. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. DRAPES 4 SHOW tracks this click-through data to help determine interest in particular topics and measure the effectiveness of customer communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in the email.
You may request to join our mailing list and receive occasional e-mails regarding new site content or event information. To unsubscribe from this e-mail service, send an e-mail to firstname.lastname@example.org with the word "remove" in the subject box. We will make reasonable efforts to delete your personal information from our database, but this may not be possible because of backups and records of deletions.
How Personal Information is Protected
DRAPES 4 SHOW takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
It is DRAPES 4 SHOW’s policy not to disclose your personal information to unaffiliated third parties except as required or permitted by law or to comply with valid legal process, as requested or permitted by you, or if DRAPES 4 SHOW determines that, for national security, law enforcement, or other issues of public importance, disclosure is necessary.