Terms of Use
Welcome to the website of Wild West Designs, Inc. This website is best viewed using a contemporary browser.
Use of this website, and information distributed in conjunction
with this website is offered to you on your acceptance of
these Terms of Use, our Privacy Policy and other notices
posted on this website. Your use of this website or of any
content presented in any and all areas of the website indicates
your acknowledgment and agreement to these Terms of Use, our
Privacy Policy and other notices posted on this website. If
you do not agree to be bound by and comply with all of the
foregoing, you may not access or use our currency information,
services, or website. We suggest you print a copy of each of
these documents for your records.
Wild West Designs, Inc. shall have the right, at its sole
discretion, to modify, add or remove any terms or conditions
of these Terms of Use without notice or liability to you. Any
changes to these Terms of Use shall be effectively immediately
following the posting of such changes on this website. The
most recent version of these Terms of Use may always be found
at http://www.wildwestdesigns.com/legal/. You agree to review
these Terms of Use from time to time and agree that any
subsequent use by you of this website following changes to
these Terms of Use shall constitute your acceptance of all
such changes. These Terms of Use were last modified on February
8, 2005.
Disclaimer
This website is for informational purposes only. It is provided
to you solely for your own personal, non-commercial use and
not for purposes of resale, distribution, public display or
performance, or any other uses by you in any form or manner
whatsoever.
The performance of this website and all information contained
on, downloaded or accessed from this website are provided to
you on an "as is" basis, without warranties of any kind
whatsoever, including any implied warranties or warranties
of merchantability, fitness for a particular purpose or
non-infringement of the rights of third parties. Wild West
Designs, Inc. shall be not responsible for any problems or
technical malfunction of any telephone network or lines,
computer on-line systems, servers, Internet access providers,
computer equipment, software, or any combination thereof
including any injury or damage to your or any other person's
computer as a result of using this website.
Wild West Designs, Inc. reserves the right, at its sole
discretion, to modify, disable access to or discontinue,
temporarily or permanently, any part or all of this website
or any information contained thereon without liability or
notice to you.
Privacy Policy
You have read and agree to all of the terms and conditions
of our Privacy Policy, which is located at:
http://www.wildwestdesigns.com/privacy.htm.
Cofidentiality and Transmissions over the Internet
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible
networks is not secure, and is subject to possible loss,
interception or alteration while in transit. Accordingly, we
do not assume any liability for any damage you may experience
or costs you may incur as a result of any transmissions over
the Internet or other publicly accessible networks, such as
transmissions involving the exchange of e-mail with us
(including those which may contain your personal information).
While we shall take commercially reasonable efforts to safeguard
the privacy of the information you provide us and treat such
information in accordance with our Privacy Policy, in no event
will the information you provide to us be deemed to be
confidential, create any fiduciary obligations to you on our
part, or result in any liability to you on our part in the
event that such information is inadvertently released by us
or accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when
using this website. Furthermore, you agree that you shall
not:
1. upload, post or otherwise transmit through or to this
website any content that:
1. is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or otherwise
objectionable; 2. might infringe the intellectual
property rights, privacy rights, rights of publicity,
or other proprietary rights of others; 3. contains
any viruses, trojan horses, time bombs, or any other
harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads
on, interfere with or attempt to gain unauthorized access
to any portion of our website, its computer systems, servers
or networks;
3. provide false information about yourself to us, impersonate
any other person, or otherwise attempt to mislead others
about your identity or the origin of any content, message
or other communication;
4. transmit junk mail, chain letters, or other unsolicited
bulk e-mail or duplicative messages;
5. collect information about other visitors to our website
without their consent or otherwise systematically extract
data or data fields, including without limitation any
financial data or e-mail addresses;
6. sell access to or the use of this website, including
any content contained on, downloaded or accessed from this
website, except as specifically permitted in writing by
Wild West Designs, Inc.;
7. redistribute any content, including images, provided
by us in any manner whatsoever including by means of printed
publication, fax broadcast, web pages, e-mail, web newsgroups
or forums, or any other electronic or paper-based service
or method;
By uploading, posting or otherwise transmitting through or
to our website any content, you grant to us, our successors
and assigns, a non-exclusive, world-wide, royalty free,
perpetual, non-revocable license to use or distribute such
content in any manner otherwise than as stated in our Privacy
Policy.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents
harmless from any loss, liability, claim, demand, damage, or
expense (including reasonable legal fees) asserted by any
third party relating in any way to your use of this website
or breach of these Terms of Use. We reserve the right to
assume the exclusive defence and control of any matter subject
to indemnification by you, which shall not excuse your indemnity
obligations.
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products
and services offered by third parties are provided to you for
convenience only and do not constitute an endorsement or
approval by us of (i) the organizations that operate such
websites; (ii) the content, privacy policies or other terms
of use on such websites; or (iii) such third party products
and services. As we have no control or responsibility over
websites or content maintained by other organizations, or for
products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing,
which use you acknowledge and agree shall be at your own risk.
Proprietary Rights
Wild West Designs, Inc., wildwestdesigns.com, Peter Fillerup
Designs, Inc., peterfillerup.com and peterfillerupdesigns.com
are and shall remain the trade-marks and trade names and
exclusive property of Wild West Designs, Inc., and any
unauthorized use of these marks is unlawful. Other trade-marks
on this website are the property of their respective owners.
All content on this website, including without limitation all
programs, complied binaries, interface layout, interface text,
documentation and graphics, is the copyrighted property of
Wild West Designs, Inc. and is protected by international
copyright law. The content on this website may be used by you
only for your personal, non-commercial use as provided for
in these Terms of Use, but may not be taken out of context
or presented in a misleading or discriminatory manner. Any
rights not expressly granted to you are reserved by us.
Notice of Copyright Infringement
Our policy is to comply with all intellectual property laws
and to act expeditiously upon receiving any notice of claimed
infringement. If you believe that your work has been reproduced
on this website in a manner that constitutes copyright
infringement, please provide a notice of copyright infringement
containing all of the following information:
1. A physical or electronic signature of a person authorized
to act on behalf of the copyright owner for the purposes
of the complaint. 2. Identification of the copyrighted
work claimed to have been infringed. 3. Identification
of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the
complaining party. 5. 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. 6. A statement, under penalty
of perjury, that the information in the notice of copyright
infringement is accurate, and that the complaining party
is authorized to act on behalf of the owner of the right
that is allegedly infringed.
All notices of copyright infringement should be sent to:
Wild West Designs, Inc. P.O. Box 286 Heder City, UT
84032 US E-mail: webmaster@wildwestdesigns.com
General
If any provision of these Terms of Use is held invalid or
unenforceable in any respect by any court having competent
jurisdiction, such provision shall be enforced to the maximum
extent permitted by law, and the remaining provisions of these
Terms of Use shall continue in full force and effect. No
waiver of any provision of these Terms of Use shall be deemed
a further or continuing waiver of such provision or any other
provision of these Terms of Use.
You agree that these Terms of Sale, our Privacy Policy and
other notices posted on this website have been drawn up in
English. Although translations in other languages of any of
the foregoing documents may be available, such translations
may not be up to date or complete. Accordingly, you agree
that in the event of any conflict between the English language
version of the forgoing documents and any other translations
thereto, the English language version of such documents shall
govern.
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Utah and the laws
of the United States of America applicable therein, without
regard to conflict of laws provisions thereto. The parties
consent to the exclusive jurisdiction of the courts of, and
venue and situs in, Salt Lake City, Utah.
Contact
If you have any questions or concerns about our website or
these Terms of Use, please feel free to contact us at
webmaster@wildwestdesigns.com.