The following terms and conditions (the “Terms and Conditions”) govern
your use of the website (this "Site") Captures.com INC Ecommerce web design
( "Captures.com INC "), and any services contained within the Site.These
Terms and Conditions include our Privacy
Policy and supplemental terms and conditions (“Supplemental
Terms”) that will govern your use of specific Captures.com services
(“Additional Services”).
By
using or downloading any materials from this Site, you agree to these Terms and
Conditions. In addition, you agree to the applicable Supplemental Terms by
using or downloading materials from that Additional Service.
Satisfaction Guarantee
. Captures.com will produce one website based on the materials "images text and user contact" given,
If that website does not meet customers expectations or they are simply not happy with the design we will
Provide a 1 redesign at no additional cost to meet the vision of the client. If client asks for more than what the agreement calls for then in that case client
Will have to pay the additional expense. If client is still not happy with the design after the next redesign then client will have to pay for labor on any other work at $160 per hour.
1. Copyrighted Information and Copyright Agent
. Please note that the pages on the Site may contain other proprietary
notices and copyright information, the terms of which must be observed and
followed.
Unless
otherwise noted, all information, text, articles, data, images, Documents (as
defined below), software or other materials (collectively hereinafter referred
to as the "Materials") contained on any page within this Site are
copyrighted by Captures.com INC or a third party (hereinafter collectively referred
to as the "Copyright Holder"). Title to copyright in the Materials
will at all times remain with the Copyright Holder. You may only use, download
or copy the Materials contained in the Site in accordance with the Terms and
Conditions. Any permitted copies of the Materials must retain the copyright
notice, and any other proprietary notices contained in such Materials. Unless
otherwise provided in the Terms and Conditions, you may not edit, modify or
make use of the Materials without the express, prior written consent of
Captures.com INC. You may not use any content contained in the Materials in any
manner that may give a false or misleading impression or statement as to
Captures.com INC, the Copyright Holder, or any third party referenced in the
Materials. Nothing on this Site shall be construed as conferring any license
under any Copyright Holder's intellectual property rights, whether by estoppel,
implication or otherwise. You agree to use the Site and the Materials and
services and products on the Site or accessible via the Site only for lawful
purposes. Captures.com INC MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS
ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as
specifically provided in these Terms and Conditions (including any applicable
Supplemental Terms), any reproduction, distribution, replication or
retransmission of any information contained on this Site without the prior
written consent of Captures.com INC is strictly prohibited.
Captures.com INC respects the rights of all copyright holders and in this regard, it has
adopted and implemented a policy that provides for the termination in
appropriate circumstances of users who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Captures.com INC Copyright Agent
the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
512:
a. A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
b.
Identification of the copyright work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
c.
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material;
d.
Information reasonably sufficient to permit us to contact the complaining
party;
e. A
statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
f. A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Captures.com
INC Copyright Agent for notice of claims of copyright infringement on or
regarding this site can be reached as follows:
Phone: +1 425-260-0024
Email: info@captures.com
2. Notice With Regard to Documents on this Site.
Permission to display, copy and/or
download any papers, articles or other works of authorship on this Site (the
"Documents") is hereby granted, provided that (a) the copyright
notice set forth on the Document and a statement that the Document is being
reproduced under permission of the Copyright Holder both appear on such
displayed, copied or downloaded Document, (b) use or reproduction of such
Documents from this Site is for informational or personal use only, and (c) no
modifications of any Documents are made. Any other use of the Documents is
expressly prohibited.
3. Online Privacy Policy. Our online Privacy Policy (“About
Your Security and Privacy”) forms a part of these Terms and
Conditions. Supplemental Terms also contain additional and different
terms, including without limitation regarding the collection, use, and sharing
of personal information provided in connection with the use of such services,
which you should read carefully before using such services.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES.THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT
LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND Captures.com INC MAKES
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT
TO THIS SITE OR ITS CONTENTS. Captures.com INC DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. Captures.com INC DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS
SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES.Captures.com INC
RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF
WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE
WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY
THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE.
Captures.com INC MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH,
QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. Captures.com INC IS NOT
RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY
INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY.NEITHER Captures.com INC NOR ANY OF ITS MEMBERS,
DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION,
PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE
MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA,
INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF
THIRD PARTIES.
YOU HAVE
SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST Captures.com INC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS
RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS.COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME,
PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE
MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Links to Third Party Sites.Any other web sites that are accessible
via any link on this Site are not under the control of Captures.com INC. Captures.com INC is not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to the information contained
in such sites. Captures.com INC provides the linked sites to you only as a
convenience and the inclusions of any such link on the Site does not imply Captures.com INC endorsement of the site, the organization operating such site, nor any
products or services of that organization. Your linking to any off-site pages
or other sites is entirely at your own risk.
6. Export Restrictions. You acknowledge and agree that the
Materials are subject to the U.S. Export Administration Laws and Regulations.
Diversion of such Materials contrary to law is prohibited. You agree that none of the
Materials, nor any direct product therefrom, is being or will be acquired for,
shipped, transferred, or re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, unless authorized by the U.S.
Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. You agree to comply strictly with all export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be required.
7. References to Products or Services
. Information published by Captures.com INC on
the Site may contain references or cross references to Captures.com INC products or
services that are not announced or available in your country. Such references
do not imply that Captures.com INC intends to announce such products or services in
your country. Please contact Captures.com INC for information regarding the products
and services that may be available to you.
8. User Input.Unless otherwise provided in the Terms and Conditions,
any communication, material or feedback with regard to contents on this Site
transmitted by a user of this Site via electronic mail or otherwise, including
any data, questions, or comments regarding the content of any Document or other
information contained on the Site, such information shall be deemed to be
non-confidential and Captures.com INC shall have no obligation of any kind with
respect to such information and shall be free to reproduce, use, disclose and
distribute the information to others without limitation. Further, Captures.com INC shall
be free to use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever including, without limitation,
publication on the Site, or other Captures.com INC publications, and developing,
manufacturing, and marketing products using such information. Captures.com INC shall
have no obligation to compensate the contributor of such information in any
manner.
9. Governing Law; Venue for any Proceedings.Any action, proceeding, dispute, claim or
controversy arising out of or relating to this Site or these Terms and
Conditions, or any Captures.com INC products or CAPTURES services offered on or
accessed via the Site, shall (i) be governed by Washington State law and
controlling U.S. federal law, without application of any choice of law rules
and (ii) be subject to the exclusive jurisdiction of the courts of the State of
Washington located in Washington County or of the United States District Court
of Washington , and you hereby submit to the jurisdiction of said courts.
10. Complete Agreement; Changes to the Terms and Conditions.These Terms and Conditions represent the
entire understanding relating to the use of the Site and prevail over any prior
or contemporaneous, conflicting or additional, communications. Captures.com INC
shall have the right to revise and modify the Terms and Conditions at any time
by posting the revised Terms and Conditions on the Site. Any use of the Site
after such posting shall be deemed to constitute acceptance of the revised
Terms and Conditions by the user.
11. Trademarks.
"Captures.com INC", the Captures.com INC logo, and other
Captures.com INC logos and titles are registered trademarks or service marks of
Captures.com INC. All other products, company names or other marks appearing on
this Site are the trademarks of their respective owners. Nothing contained in
the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark displayed on the Site
without prior written permission of Captures.com INC or other trademark owners.
12. Indemnification.You agree to defend, indemnify, and hold
harmless Captures.com INC, its officers, directors, employees, members, agents and
affiliates from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from
your breach of the Terms and Conditions, including without limitation, the
supplemental terms and conditions for e-Recruiter™. Captures.com INC
shall provide notice to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such claim, suit or
proceeding.
13. Termination. Captures.com INC may terminate this agreement at any
time. Upon termination, you agree to cease all use of this Site.
Without limiting the foregoing, Captures.com INC shall have the right to
immediately terminate your access and use of the Site, or any portion of the
Site, in the event of any conduct by you or through your account which Captures.com INC, in its sole discretion, considers to be unacceptable, or in the event of
any breach by you of the Terms and Conditions. The provisions of Sections 4, 9,
12 and this Section 14 shall survive any termination of this agreement.
14. Questions. Please email us at info@captures.com with any questions you have about these Terms and Conditions,
including our online Privacy Policy.