Last Updated April 16, 2008
NewFind.net, Inc. is the owner and operator of websites located at http://www.psd2cssonline.com and elsewhere on the internet where this Agreement appears, and linked pages or applications, (collectively, including all web sites owned by psd2cssOnline, the “psd2cssOnline Site”). psd2cssOnline is also the provider of the services (the “psd2cssOnline Services”) which are available to You though psd2cssOnline.
1. Eligibility Criteria and Representations. You hereby represent that the following are all true:
1. You are at least 13 years old, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the psd2cssOnline Service. If You are not at least 13 years old, please discontinue using the psd2cssOnline Site and the psd2cssOnline Services immediately.
2. You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
3. You have the right to display each and every item of content (whether images, links, documents, “Skins”, or files – “content”) which You have released to the psd2cssOnline Site, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such image by any recipient for his or her personal use and by psd2cssOnline solely to provide the psd2cssOnline Service to You and others, to market the psd2cssOnline Service and/or the psd2cssOnline Site, and to illustrate the operation of the psd2cssOnline Service and/or the psd2cssOnline Site. You understand that the psd2cssOnline Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of “Skins” below.
2. License Grant.
1. LICENSE. Subject to the terms of this Agreement, psd2cssOnline hereby grants You a limited, non-sublicensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download.
2. SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the psd2cssOnline Software (collectively, “Updates”). psd2cssOnline, however, may occasionally provide You with automatic Updates to the psd2cssOnline Software at its sole discretion (and without any advanced notification to You). Any such Updates for the psd2cssOnline Software shall become part of the psd2cssOnline Software and subject to this Agreement.
3. GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the psd2cssOnline Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The psd2cssOnline Software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the psd2cssOnline Software by the Government shall be governed solely by the terms of this Agreement.
3. Your Obligations. In exchange for Your being able to use the psd2cssOnline Software, the psd2cssOnline Services and/or the psd2cssOnline Site, You agree to be bound by the following obligations:
1. No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:
1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the psd2cssOnline Software or any portion of the psd2cssOnline Site or the psd2cssOnline Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
2. copy or distribute the psd2cssOnline Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) include any number of psd2cssOnline Widgets on your website and any number of SNS Apps on your social networking pages.
3. rent, lease, use the psd2cssOnline Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the the psd2cssOnline Software unless You inform email@example.com of Your commercial purpose prior to such use;
4. use the psd2cssOnline Software in any manner that could damage, disable, overburden, or impair psd2cssOnline's Service or another user's use of the psd2cssOnline Service;
5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the psd2cssOnline Site, psd2cssOnline Service, psd2cssOnline code embeddable or embedded on a third party web site and/or the psd2cssOnline Software and You shall reproduce such Notices exactly on all permitted copies of the psd2cssOnline Software;
6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;
7. create user accounts by automated means or under false or fraudulent pretenses;
8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the psd2cssOnline Site and/or psd2cssOnline Service or otherwise interfere with other user's or member's enjoyment of the psd2cssOnline Site and/or psd2cssOnline Service;
9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by psd2cssOnline;
10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
11. use the psd2cssOnline Site or psd2cssOnline Services to violate the security of any computer network or transfer or store illegal material.
4. Indemnity. You agree to indemnify and hold psd2cssOnline (and any employee, officer, director or affiliate of psd2cssOnline) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to the psd2cssOnline Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted on the psd2cssOnline Site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against psd2cssOnline or any psd2cssOnline Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the psd2cssOnline Software or the psd2cssOnline Service.
5. Rights of psd2cssOnline/Exculpation of psd2cssOnline. By using the psd2cssOnline Software, the psd2cssOnline Service and/or the psd2cssOnline Site, You acknowledge and agree,
1. psd2cssOnline does not claim any copyright or other ownership in any material or content uploaded or downloaded by You through the psd2cssOnline Site.
2. psd2cssOnline has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded onto the psd2cssOnline Service may be deleted at such time without notice to You.
4. psd2cssOnline and its licensors own and retain all proprietary rights in the psd2cssOnline Site, the psd2cssOnline Services, and all associated software, content and material. The psd2cssOnline Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the psd2cssOnline Site or psd2cssOnline Services in whole or in part without the express written agreement of psd2cssOnline. Except as expressly provided herein, psd2cssOnline and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
5. psd2cssOnline has no responsibility for the statements in any message, content or other material posted on or through the psd2cssOnline Site by any user.
6. If You believe that any material on the psd2cssOnline Site constitutes an Infringing Posting or a Prohibited Posting, please notify psd2cssOnline as soon as possible by sending an email to firstname.lastname@example.org.
7. psd2cssOnline reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. psd2cssOnline may log all internet protocol addresses accessing the psd2cssOnline Site and other information about users' access, and maintain backup copies of content indefinitely.
8. psd2cssOnline uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the psd2cssOnline Site or collected by psd2cssOnline in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
9. The psd2cssOnline Site, psd2cssOnline Software or psd2cssOnline Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the psd2cssOnline Site, does not imply approval or endorsement of that website by us.
1. WARRANTY DISCLAIMER. THE PSD2CSSONLINE SERVICE, THE PSD2CSSONLINE SITE AND THE SOFTWARE IS PROVIDED BY PSD2CSSONLINE ON AN “AS IS” BASIS. PSD2CSSONLINE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PSD2CSSONLINE SITE OR IN ASSOCIATION WITH THE PSD2CSSONLINE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PSD2CSSONLINE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PSD2CSSONLINE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE PSD2CSSONLINE SITE OR THROUGH THE SNS APPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
2. POTENTIAL UNAVAILABILITY. THE PSD2CSSONLINE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. PSD2CSSONLINE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PSD2CSSONLINE SOFTWARE, PSD2CSSONLINE SITE OR PSD2CSSONLINE SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND PSD2CSSONLINE'S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT PSD2CSSONLINE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. psd2cssOnline is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to Your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the psd2cssOnline Services, including any Mobile psd2cssOnline software. Under no circumstances will psd2cssOnline be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone's use of the psd2cssOnline Site, the psd2cssOnline Service, psd2cssOnline Mobile, any Content or third party applications, software or Content posted on or through the psd2cssOnline Site or the psd2cssOnline Services or transmitted to users, or any interactions between users of the psd2cssOnline Service, whether online or offline.
3. LIMITATION OF LIABILITY. PSD2CSSONLINE AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PSD2CSSONLINE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PSD2CSSONLINE FOR THE PSD2CSSONLINE SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT PSD2CSSONLINE IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
4. Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using psd2cssOnline Software or psd2cssOnline Services. Consult your physician prior to using the psd2cssOnline Software or psd2cssOnline Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the psd2cssOnline Software or psd2cssOnline Services immediately if you experience any such symptoms
9. TERM AND TERMINATION. Unless terminated by psd2cssOnline, this Agreement will remain in full force and effect while You use the psd2cssOnline Software, psd2cssOnline Site and/or psd2cssOnline Software or psd2cssOnline Services. Subject to the last sentence of this Section 8, You may terminate this Agreement at any time by deleting the psd2cssOnline Software from Your computer and from any social networking site or other website on which you have installed any psd2cssOnline Software and ceasing to use the psd2cssOnline Software or psd2cssOnline Service. psd2cssOnline may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the psd2cssOnline Software. psd2cssOnline shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
2. Disputes. You agree that any dispute relating to your use of the psd2cssOnline Site, psd2cssOnline Software and/or psd2cssOnline Service shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Encinitas, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
3. International Use. psd2cssOnline makes no representation that the psd2cssOnline Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the psd2cssOnline Software or any feature of the psd2cssOnline Services and/or psd2cssOnline Site is illegal is prohibited. Those who choose to access this website (or any other website on which psd2cssOnline Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The psd2cssOnline Software may be further subject to United States export controls. No psd2cssOnline Software may be downloaded from the psd2cssOnline Site or through the psd2cssOnline Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the psd2cssOnline Software is at your sole risk.
4. No Third Party Beneficiaries. This Agreement is between You and psd2cssOnline. No user has any rights to force psd2cssOnline to enforce any rights it may have against any You or any other User.
psd2cssOnline is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user's choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://www.psd2cssonline.com, and any linked pages or applications owned and operated by psd2cssOnline.
Please contact us at email@example.com with any questions regarding this Agreement.
Please contact firstname.lastname@example.org if you would like to receive a copy of this document showing changes from previous versions.