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PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this
site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The entire content included in this site, including but not limited
to text, graphics or code is copyrighted as a collective work under
the United States and other copyright laws, and is the property of
Indyken Designs. The collective work includes works that are
licensed to Indyken Designs. Copyright 2006, Indyken Designs ALL
RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of
placing an order with Indyken Designs or purchasing Indyken Designs
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download
or print portions of the material from the different areas of the
site solely for your own non-commercial use, or to place an order
with Indyken Designs or to purchase Indyken Designs products. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by Indyken Designs. You
further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Indyken Designs
used in the site are trademarks or registered trademarks of Indyken
Designs
Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express or
implied. To the fullest extent permissible pursuant to applicable
law, Indyken Designs disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Indyken
Designs does not represent or warrant that the functions contained
in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components.
Indyken Designs does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability
or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of
Liability
Indyken Designs shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
Indyken Designs has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Indyken Designs product is mistakenly listed at
an incorrect price, Indyken Designs reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Indyken Designs reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Indyken Designs shall issue a
credit to your credit card account in the amount of the incorrect
price.
Term Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated
by Indyken De
signs without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Indyken Designs may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the
address you have provided to Indyken Designs.
Miscellaneous
Your use of this site shall be governed in all respects by the laws
of the state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of
or relating to this site (including but not limited to the purchase
of Indyken Designs products) shall be in the state or federal courts
located in Lake County, Florida. Any cause of action or claim you
may have with respect to the site (including but not limited to the
purchase of Indyken Designs products) must be commenced within one
(1) year after the claim or cause of action arises. Indyken
Designs failure to insist upon or enforce strict performance of
any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of
these terms and conditions. Indyken Designs may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a Indyken Designs or
other licensed employee, host, or representative, as well as other
members or visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content
which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal offense,
violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content
on the site or use the site to solicit others to join or become
members of any other commercial online service or other
organization.
Participation
Disclaimer
Indyken Designs does not and cannot review all communications and
materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you
with the ability to view and distribute user-generated content on
the site, Indyken Designs is merely acting as a passive conduit for
such distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Indyken
Designs reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Indyken
Designs in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Indyken Designs,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Indyken
Designs may link to sites operated by third parties. However, even
if the third party is affiliated with Indyken Designs, Indyken
Designs has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of
Indyken Designs. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Indyken
Designs seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its
own site, but for sites it links to as well (including if a specific
link does not work).
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