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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on Febuary 2007.
This Terms of Use Agreement sets forth the standards of use of the Dixie Souterhn
Creations Online Service. By using the dixiesoutherncreations.com website you
(the “Member”) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should immediately cease
all usage of this website. We reserve the right, at any time, to modify, alter,
or update the terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at dixiesoutherncreations.com
website. Your continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Dixie Southern Creations is providing Member with Retail. Member must provide
(1) all equipment necessary for their own Internet connection, including computer
and modem and (2) provide for Members access to the Internet, and (3)
pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Dixie Southern Creations on an “as is” and
on an “as available” basis. To the fullest extent permitted by applicable
law, Dixie Southern Creations makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site in terms
of its correctness, accuracy, reliability, or otherwise. Dixie Southern Creations
shall have no liability for any interruptions in the use of this Website. Dixie
Southern Creations disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Dixie Southern Creations SHALL NOT be liable for any damages whatsoever, and
in particular [Insert Name of Company] shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information
contained in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if Dixie Southern Creations has
been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Dixie Southern Creations , its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using Members
computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Dixie Southern Creations reserves the right to modify or discontinue the Service
with or without notice to the Member. Dixie Southern Creations shall not be liable
to Member or any third party should Dixie Southern Creations exercise its right
to modify or discontinue the Service. Member acknowledges and accepts that Dixie
Southern Creations does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or webmaster
for those third-party sites if you have any concerns regarding such links or
the content located on such sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of third-parties
sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While Dixie Southern Creations
makes every effort to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy or reliability
of any information provided on this website.
Dixie Southern Creations makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
8. Governing Jurisdiction of the Courts North Carolina
Our website is operated and provided in the State of North Carolina As such,
we are subject to the laws of the State North Carolina, and such laws will govern
this Terms of Use, without giving effect to any choice of law rules. We make
no representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State North Carolina
.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2005
Dixie Southern Creations.com, with all rights reserved, or is the property of
Dixie Southern Creations and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of Dixie Southern
Creations is strictly prohibited. Members agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor or copy our web
pages or the content contained therein without prior written permission of an
authorized officer of Dixie Southern Creations
Dixie Southern Creations ™ and dixiesoutherncreations.com™ are proprietary
marks of dixiesoutherncreations.com. Dixie Southern Creations’s trademarks
may not be used in connection with any product or service that is not provided
by Dixie Southern Creations , in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Dixie Southern
Creations
All other trademarks displayed on s Dixie Southern Creations website are
the trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors. In addition, such use of trademarks or
links to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with Dixie Southern Creations.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, DixieSouthernCreations.com designates the
following individual as its agent for receipt of notifications of claimed copyright
infringement.
By Mail
Dixie Southern Creations
190 Lake Roayle, Louisburg, NC 27549
1-866-678-9566
(252) 477-5132
By Email:
customerservice@dixiesoutherncreations.com
12. Botnets
Dixie Southern Creations retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, Dixie Southern Creations reserves
the right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by , i Dixie Southern Creations n our sole
discretion, to a third party in the event of a merger or acquisition. This Terms
of Use Agreement shall apply in addition to, and shall not be superseded by,
any other written agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement.
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