TERMS OF USE

(a) Terms and Conditions

Art By Creative Design’s (“ABCD”) website (“Site”) is currently provided free-of-charge to users who agree to abide by the Terms and Conditions of this Agreement. ABCD reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as ABCD sees fit. Users who violate the Terms and Conditions of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services. Users should check these Terms and Conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not enter the Site.

(b) Changes to Terms and Conditions

ABCD reserves the right at any time without notice to revise the content of the Site and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on the Site and by continuing to use the Site following any such change you will signify that you agree to be bound by ABCD’s revised Terms and Conditions.

(c) Users/Participants

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

(d) Trademarks, Copyrights and Restrictions

This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the “Materials”) is the property of ABCD and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by ABCD and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site or any other Site owned or operated by ABCD without the prior written permission of ABCD, its affiliates or licensors or third party proprietor. However, you may download or make one copy of the Materials and other downloadable items displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the intellectual property rights of ABCD, its affiliates or licensors or third party. Use of these Materials on any other Site or other networked computer environment is prohibited without prior written permission from ABCD.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of ABCD or such third party that may own the trademark or copyright of information displayed on this Site.

(e) Links

ABCD is not responsible for the content of any Sites that may be linked to or from this artbycreativedesign website, or any bulletin board associated with ABCD. These links are provided for your convenience only and you access them at your own risk. Any other Site accessed from this Site is independent from ABCD, and ABCD has no control over the content of that other Site. In addition, a link to any other Site does not imply that ABCD endorses or accepts any responsibility for the content or use of such other Site.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by ABCD of that third party or of any product or service provided by a third party.

(f) Privacy Issues

ABCD is concerned about privacy matters for its Users. ABCD will permit access to all available and relevant information provided by Users in order to comply with applicable laws and in order to preserve ABCD’s rights and property.

(g) Disclaimers and Indemnity

By using the Site and/or posting materials, you agree to indemnify ABCD, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defence of any claim. ABCD reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

The information contained in this Site is for general guidance on topics selected by ABCD. Such information is provided without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that ABCD and various authors and publishers’ providing such information are not engaged in, and that providing such information does not constitute the rendering of, legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.

This site contains facts, views, opinions, statements, and recommendations of third-party individuals and organizations. None of them or Art By Creative Design (and its affiliated entities, together “ABCD”) represents or endorses the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed “as is” and appear on the site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. There is no warranty as to the quality, accuracy, completeness, and validity of any materials on the site, and no warranty that the functions contained on the site will be uninterrupted or error-free, or that defects will be corrected.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this Site.

(h) Limitation of Liability

Neither ABCD, nor its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site are responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use, this site or the information contained on this site, even if ABCD (or any third party posting information on this site) has been advised of the possibility of such damages. In no event shall ABCD’s total liability (or the total liability of any third party providing information on this site) to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed one dollar (TT$1.00).

ABCD shall not be liable to you for any breach of these Terms and Conditions or any failure to provide or delay in providing ABCD’s services through the Site resulting from events or circumstances beyond ABCD’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion, accident or Acts of God.

(i) Termination

ABCD may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by ABCD, your sole remedy is to terminate this Agreement.

(j) Jurisdiction

ABCD operates the Site from its office within Trinidad & Tobago. ABCD makes no representations that content and materials on the Site are legal or appropriate for use from outside Trinidad & Tobago. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of Trinidad & Tobago export laws and regulations. This Agreement will be governed by and construed in accordance with the laws of Trinidad & Tobago and for those purposes, you irrevocably submit to the jurisdiction of the Trinidad & Tobago law courts. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and ABCD concerning your use of the Site, and the Agreement may not be modified, except in writing, signed by both parties.

(k) Comments, Complaints and Questions

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of ABCD, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications.

Should you have any questions or complaints regarding violations of this Agreement, please contact us.