Website Terms of Use

Last Revised April 22, 2008

Use of this website is at your risk. We do not make any warranties or representations as to this website’s accuracy. Code Creations specifically disclaims any liability or responsibility for any errors or omissions in the contents. Neither Code Creations, its parent or affiliated companies, nor any other party involved in creating, producing, or delivering this site, is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, this website.

Now, read this carefully because it’s important. This website may contain links to third party websites that are not owned or controlled by Code Creations. As a result, we have absolutely no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By hanging out here, you specifically release Code Creations from any and all liability arising from your use of any third-party website.

Let’s go over that one more time so there is no confusion. We provide hypertext links to other websites that are operated by other people and companies. If you use any of those links you will leave Code Creations.com. We take no responsibility whatsoever for or on behalf of any sites that we do not own and control.

Please read the following terms carefully as they contain important information about your obligations to us. You acknowledge that you have read and agree to be bound by this Agreement. By continuing to use this website after we have updated this Agreement, you will be acknowledging that you have read and agree to be bound by the Agreement as updated.

You are only authorized to use this website if you agree to abide by all applicable laws and to these Terms of Use. If you do not agree to these Terms of Use, please do not use this website.

Who we are.

Even though the name of this website is Code Creations, it is a subsidiary of Earth M.A.P., Inc. However, we also do business as www.c-o-d-e.com, Code Red Apparel, Code Creatures, Secret Code Clothing, and other names that promote our company and merchandise. By using and/or visiting the Code Creations.com website or any other websites owned by EARTH MAP, Inc., you signify your assent to both these Terms of Use and our Privacy Policy that I had to spend so much time putting together.

So you want access to my website, huh?

On behalf of the owners of Code Creations, I hereby grant you permission to use the website as set forth in these Terms of Use, provided that your use of the website is solely for your personal, noncommercial use; and you will not copy or distribute any part of this website in any medium without prior written authorization; and you will not alter or modify any part of this website other than as may be reasonably necessary to use this really cool website for its intended purpose; and you will otherwise comply with the terms and conditions.

You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Code Creations.com website.

In order to access some features of this website, you will have to create an account. You are not allowed to use another user’s account without permission. You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must keep your account password secure. You may change your password at any time by updating your Account Profile page. You agree to immediately notify Code Creations of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply.

Are you old enough to understand all this stuff?

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with these Terms of Use.

By registering with Code Creations.com, you represent that you are either of legal age to be here or that your parents are with you while you spend time at this website.

Are you a horrible person who wants to mess around with my website?

You agree not to use or launch any automated system that can access this website in an unsavory manner. And you know exactly what I mean by that; don’t you? Is that too much to ask? I hope not.

But wait. There’s more. You also need to agree not to collect or use any personally identifiable information including account names, e-mail addresses, or other information, nor use this site for any commercial solicitation purposes.

You may not transmit through this site any content which is obscene, threatening, racially or ethnically objectionable, or which may constitute or encourage criminal behavior.

And while we are at it, please do not do anything that might attempt to mess with any software or hardware that belongs to us or any of our users, sponsors, vendors, partners, customers, friends, staff, hosts, or anyone else associated with this website.

That being said, we at Code Creations hereby grant the operators of public search engines permission to copy materials from this website for the purpose of helping Code-Creations.com become easily searchable.

Intellectual Property Rights

Please respect all copyrights and trade marks owned by us. Remember things Like “Amber” and “Code Creations” and Code Apparel” and “Revolutionary Design Challenge” and “Amber’s Theme” and “Inspired Design Challenge” and even “The Secret is in the Shirt” as well as our logos are trade names and trade marks and service marks that are owned by us.

If and when you submit content, you should ensure that they do not — in part or in whole — breach anyone else’s rights and that they are not in any way libelous, obscene, threatening, offensive, abusive, and fraudulent or anything else that your average, everyday person would consider to be unpleasant. Please make sure that you do not engage in any behavior here that infringes upon the rights of other people or are in any way illegal.

This is very important. Code Creations and I make no representations that anything on the website is copyright-free and/or accurate and we accept no liability for any damages caused as a result.

By the way, anything you read or see on this website does not necessarily reflect the views or opinions or ideas of the owners or staff of Code Creations.

And no matter what reason you have for visiting Code Creations, you agree not to mess with the security related features of this website.

Copyright Stuff

You do not want to be sued. No one does. Preventative measures are the best way to keep something like that from happening. So, you must make sure you own all the intellectual property rights to anything that you submit to our website.

You may not violate our copyrights by making use of any text or images or anything on this website.

In fact, you should independently verify any information or design before submitting it.

Accuracy

The awesome Code Creations staff and I will always do our best to ensure all information on this website is accurate. If you find any inaccurate information on this website, please let me know and I will correct it as soon as I can get to it.

If you win a Design Challenge you will be asked to provide biographical information for inclusion on the website and/or on the actual garment itself. We will assume that any information provided will be correct. All biographical and other personal information may be edited by us for length and content. Whether or not you provide biographical information, we are not obligated to make use of it for any purposes, including publishing it on our site or printing it on merchandise or elsewhere.

Stuff about submissions and posts and all that stuff.

We can not guarantee the accuracy of anything that anyone submits or posts to this website.

Anyone who posts or submits anything to this website is solely responsible for any damage they or anyone else might suffer as a result.

If you see anything which should be removed, let us know immediately. If we agree with your assessment, we shall delete it as soon as possible.

Even though you are responsible for the consequences of your submission, you hereby grant Code Creations a worldwide, non-exclusive, royalty-free right to use your submissions in any way whatsoever.

Code Creations expressly disclaims any and all liability in connection with your submissions and reserves the right to remove your submissions at our sole discretion and without prior notice.

We also reserve the right to terminate your access to this website at any time at our sole discretion and without prior notice.

Let’s all play nice in the sand box

You may not transmit any information to or through Code Creations that is:

Libelous or defamatory.
Pornographic or sexually explicit.
Illegal or Unlawful
Plagiarized.
A violation of the rights of any one or any party.
Invasive of privacy or other rights
Abusive or malicious.

If you do anything like the above — or the following — you can be barred from using this site. If that happens, you shall be notified in some way (probably via e-mail) and you must not attempt to use this site and/ or enter our Design Challenges under any other name or through any other user. We take all of this very seriously

Harassment in any manner or form of the site, including via e-mail or Instant Messages or Chatting is strictly forbidden.

You are not to impersonate others, including an owner, host, employee, member, or visitor of Code Creations or its parent or sister companies.

You may not engage in commercial activities within Code Creations.com. That means a lot of things, but especially that you may not upload commercial content on this site or use the site to solicit others to join or become members of any other commercial service or organization.

I need to know who you are.

Anonymous postings are not accepted. You must sign up and log in before we can accept any submission from you.

All submissions will be assumed to be for publication on this website, under your user name.

Expect to pay our legal bills.

You must reimburse us for any losses we suffer if you breach any part of these Terms.

Don’t rip anyone off.

We at Code Creations respect the intellectual property of others. So kindly do not post, modify, distribute, or reproduce any copyrighted material belonging to others, without obtaining their prior written consent. You may not use any of the Designs that have ever been posted on this site by other artists for your own personal or commercial purposes.

We reserve the right, at our discretion, to remove any submissions if we believe it may infringe on the rights of others, and/or to terminate the accounts of anyone who we believe to have engaged in this naughty behavior.

If you believe that you are the victim of copyright infringement, you will need to contact us immediately and allow us an opportunity to resolve the issue as soon as reasonably possible.

Please let us know what Design you are referring to and where on our site it can be found. Please provide us with your contact information.

I might make changes to this site once and awhile

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website with or without notice. Code Creations shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.

Termination

Code Creations may, under certain circumstances and without prior notice, immediately terminate your Code Creations.com account.

Code Creations may, under certain circumstances and without prior notice, immediately terminate your access to this website.

Termination is serious stuff and it may mean you will immediately and forever be barred from accessing the pages of this site. What’s more, we may delete your password and all related information, files and materials.

By reading this, you accept that all terminations for cause shall be made at Code Creations’s sole discretion and that Code Creations shall not be liable to you or any third party for any termination of your account.

Watch my back and indemnify me.

You agree to forever defend, indemnify and hold harmless Code Creations (including our officers, employees, agents and/or related companies) against any and all liability, loss, claims, demands and/or expenses which they may incur as a result of any breach by you — or anyone else — of this agreement.

Entire agreement

This Agreement constitutes the entire agreement between you and Code Creations in relation to its subject matter and supersedes and merges all prior agreements, representations or other understandings, written or oral, between you and Code Creations. You acknowledge that we do not give any warranties or make any representations other than those expressly set out in this Agreement.

Dispute Resolution

If any provision of these Terms of Use is deemed invalid, it shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. On that note: Failure by us to enforce a right does not result in waiver of such right.

If a dispute arises out of, or in any way in connection with, or otherwise relates to this agreement, the parties agree to use their best efforts to negotiate a resolution to the dispute in good faith for a period of up to seven (7) days.

If the dispute cannot be resolved within seven (7) days of the dispute arising, the parties agree to refer to arbitration administered by a dispute center of our choice.

The arbitration shall be conducted in Florida in accordance with the rules for arbitration which are operating at the time the dispute is referred. Each party shall pay its own costs in relation to such arbitration.

Severability

Any provision in this agreement which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or un-enforceability. That will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of the remaining provisions in any other jurisdiction.

Governing law and jurisdiction

All matters arising from or relating to this agreement shall be governed by the laws of the State of Florida, U.S.A. The parties agree to unconditionally submit themselves to the exclusive jurisdiction of the courts of Florida.

We may amend these Terms at any time by posting a variation on the Website.

Whew! That was unpleasant to read; wasn’t it?

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