1. Your Acceptance
By using or visiting PeppermintCreative.com (the "Website"), you signify your agreement to these Terms and Conditions (the "Terms"). These Terms constitute a valid and binding agreement between you and Peppermint Creative. If you do not agree to the Terms outlined below, please do not use the Website. Your use of the Website is subject to the following Terms, which may be updated without notice to you. It is your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of the revised terms.
2. Peppermint Creative Website
3. Peppermint Creative Accounts
In order to access some features of the Website, you are required to create a Peppermint Creative account. In creating your account, you must provide accurate and complete information, and you must promptly update such information as applicable. You may never use anotherís account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Peppermint Creative immediately of any breach of security or unauthorized use of your account. Although Peppermint Creative will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Peppermint Creative or others due to such unauthorized use.
5. Use of the Website - Permissions and Restrictions
You agree not use the Website for any unlawful purpose. You further agree to abide by the copyright restrictions, warnings, disclaimers, use restrictions and other such terms accompanying any content provided on our Website and products and services available for purchase from our Website. You agree that any products and services available for purchase from our Website by you are for your personal non-commercial use only and you agree not to use reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the content provided on our Website and products and services purchased by you from the Website, without the prior written authorization of Peppermint Creative and the payment of a commercial fee. You agree not to collect or distribute any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
6. Limitation of Liability
Under no circumstances, including negligence, shall Peppermint Creative, or it's designers or agents, be responsible for any damages or loss that result from the use of, or inability to use any of the products sold or distributed by this Website. If any legal action arises out of copyright infringement, Peppermint Creative and it's designers or agents shall be indemnified and held harmless of any and all costs or damages that you or Peppermint Creative or it's designers or agents incur.
7. Term and Termination Policy
These Terms remain in effect for as long as you continue to use or visit this Website. If your use of the Website terminates for any reason, paragraphs 6 though 9 in these Terms shall survive. Peppermint Creative reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability. Peppermint Creative expressly reserves the right, in its sole discretion, to remove any material uploaded to the Website, including but not limited to layouts, gallery comments or forum posts deemed offensive, inappropriate or that is in violation of these Terms.
8. Copyrights and Licenses
You represent and warrant that: (a) you own or have the permission to post layouts, projects and/or comments on the Website; and (b) the posting of any layouts, projects or comments on the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, trademarks, or any other rights o f any person or entity; and (c) You agree be responsible for any consequential damages resulting from posting any layouts, projects and/or comments. All content provided by the Website, including it's products, is protected by copyright, trademark, and other laws. Peppermint Creative owns and retains all rights, title, and interest in and to that content. Peppermint Creative hereby grants you a limited, revocable, nonexclusive, nonsublicensable license to modify, reproduce, distribute, and display Peppermint Creative content and it's products as part of your personal, non-commercial use of the Website.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable therein.
Published on 09/01/2008.