All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Material") on the Site shall be and remain the property of Jaleh Design, LLC., or its respective owners. Jaleh Design, LLC., may amend these Terms at any time by posting the amended terms on this Site.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by Jaleh Design, LLC., will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Jaleh Design, LLC., and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. Jaleh Design, LLC., reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that Jaleh Design, LLC., may use information about You for marketing, product development and promotional purposes. You agree that Jaleh Design, LLC., may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of Jaleh Design, LLC.,. Further, You agree that Jaleh Design, LLC., may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on Jaleh Design, LLC., products or for such other purpose as Jaleh Design, LLC., deems appropriate.
SUBMISSIONS BY YOU
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to Jaleh Design, LLC., on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain Jaleh Design, LLC., property. Any such disclosure or submission of Comments shall constitute an assignment to Jaleh Design, LLC., of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Jaleh Design, LLC., will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Jaleh Design, LLC., is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Jaleh Design, LLC., is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Jaleh Design, LLC., will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JALEH DESIGN LLC DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND JALEH DESIGN LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JALEH DESIGN LLC BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT JALEHDESIGN.COM OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
You agree to defend, indemnify and hold Jaleh Design, LLC., harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.
Jaleh Design, LLC., makes no representation or warranty that this Site and its Material are appropriate or available for use in locations outside the United States. Accessing this Site or the Material from territories in which this Site or the Material is illegal is prohibited. You agree that if You choose to access this Site or Material from any locations outside the United States, You do so on Your own initiative and are solely responsible for compliance with local laws.
If there is a dispute about these Terms or Your use of this Site, the laws of the State of California, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in California in the State of California, United States of America.
Copyright 2009 Jaleh Design, LLC. All Rights Reserved.