Custom Cabins
Terms of
Use/Copyright/Permission Page
PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU
AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THIS SITE.
General. This site is owned and operated
by Custom Cabins (referred to as "CC"). CC has the right at any time to change
or discontinue any aspect or feature of the site, including, without limitation,
the content, hours of availability, and equipment needed for access or use of
the site.
Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment needed for
access to and use of the site and all charges related
thereto.
Restrictions on Use. You shall use the site for lawful purposes
only. You shall not post or transmit through the site any material which
violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise to civil liability or
otherwise violate any law. Without CC's express prior approval, you shall not
post or transmit through the site any material which contains advertising or any
solicitation with respect to products or services. You shall not use the site to
advertise or perform any commercial solicitation, including, without limitation,
the solicitation of users to become subscribers of other on-line information
services competitive with the site. Any conduct by you that in CC's discretion
restricts or inhibits any other user from using or enjoying the site will not be
permitted.
The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text, software, photos,
video, graphics, music and sound, and the contents of the site are copyrighted
under the United States copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. You may download one copy
of any copyrighted material for your personal, non-commercial home use only.
Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express written permission of
CC and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
You shall not upload, post or otherwise make
available on the site any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any
material is not protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of the site, you automatically grant, or warrant
that the owner of such material has expressly granted CC the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, display, translate and distribute such
material (in whole or in part) and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed. You also permit any
other user of the site to access, view, store or reproduce the material for that
user's personal use. You grant CC the right to edit, copy, display, publish and
distribute any material made available on the site by you.
The foregoing
provisions of Section 3 are for the benefit of CC, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own
behalf.
Disclaimer of Warranty; Limitation of Liability.
YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CC, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CC IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO
EVENT WILL CC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN
TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR
SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CC'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
Monitoring. CC shall have the right, but not the
obligation, to monitor the content of the site [including chat rooms and
forums], to determine compliance with these conditions of use and any operating
rules established by CC and to satisfy any law, regulation or authorized
government request. CC shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on the site.
Without limiting the foregoing, CC shall have the right to remove any material
that CC, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
Indemnification. You agree to defend,
indemnify and hold harmless CC and its affiliates and their respective
directors, officers, employees and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses (including
reasonable attorneys' fees) arising out of your use of the
site.
Trademarks. CC and Custom Cabins and each of their logos are
trademarks of Custom Cabins. All rights reserved. All other trademarks appearing
on the site are the property of their respective owners.
Third Party
Content. CC is a distributor (and not a publisher) of content supplied by third
parties and users of the site. Accordingly, CC has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers
and users, are those of the respective author(s) or distributor(s) and not of
CC. In many instances, the content available through the site represents the
opinions and judgments of the respective information provider or user. CC
neither endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on the site by anyone other than authorized CC
employee spokespersons while acting in their official capacities.
Changed
Terms. CC has the right at any time to change or modify the terms and conditions
applicable to use of the site, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without limitation, posting
on the site, or by electronic or conventional mail, or by any other means. Any
use of the site by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions or
deletions.
Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof and supersede
all previous written or oral agreements between the parties with respect to such
subject matter. These terms of use shall be construed in accordance with the
laws of the State of Minnesota, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal
import.
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