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Terms of Service

April 21st, 2008

Welcome to SpecialtyLaserCreations.com! By using SpecialtyLaserCreations.com, you agree to these Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

  • Privacy Policy - Describes how we protect and maintain your personal information.
  • Copyright Statement - General copyright statement protecting Specialty Laser Creations intellectual property.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.SpecialtyLaserCreations.com/legal/termsofservice.aspx). Specialty Laser Creations ("SLC") may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.

Acceptance of Terms

By accessing and using the SpecialtyLaserCreations.com service you agree to be bound the Agreement. If you do not accept and abide by this Agreement, you may not use the SpecialtyLaserCreations.com service.

In the event of an inconsistency between the Terms of Service and the Privacy Policy, the Terms of Service shall control.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Discription of Service

SpecialtyLaserCreations.com is a web publishing service (the "Service"). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. SLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. SLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You must be at least thirteen (13) years of age to use the Service. SLC reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use

You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. SLC may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Privacy

As a condition of using the Service, you agree to the terms of the Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that SLC may access or disclose your personal information, including the content of your communications, if SLC is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Privacy Policy. Personal information collected by SLC may be stored and processed in the United States or any other country in which SLC or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

General Practices Regarding Use and Storage

You agree that SLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. SLC retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

Content of the Service

SLC takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does SLC have any obligation to monitor such third-party content. SLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SLC, its users and the public. SLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights

SLC's Intellectual Property Rights. You acknowledge that SLC owns all right, title and interest in and to the Service, including all intellectual property rights (the "SLC Rights"). SLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, SLC Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

No Resale of the Service

Unless expressly authorized in writing by SLC, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

Representations and Warranties

You represent and warrant that (a) all of the information provided by you to SLC to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Termination & Suspension

SLC may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Applicable provisions of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

Indemnification

You agree to hold harmless and indemnify SLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SLC will provide you with written notice of such claim, suit or action.

Entire Agreement

This Agreement constitutes the entire agreement between you and SLC and governs your use of the Service, superseding any prior agreements between you and SLC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SLC services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms

The failure of SLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of SLC services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Law and Jurisdiction

These Terms of Service and your use of the Service are governed by the laws of the State of Missouri, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Cass County, Missouri, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning the Agreement or in which this Agreement a material fact.