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TERMS OF USE
childrensillustrators.com will be known as the "Site" in the
outlined terms below. Webwork Creation, owner of the Site provides services
to you subject to the following Terms and Conditions of Use ("Terms and Conditions").
ACCEPTANCE OF TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE.
BY USING THIS SITE, YOU AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU ARE PROHIBITED FROM USING
THE SITE AND OR ANY OF ITS SERVICES AND SHALL DISCONTINUE YOUR USE OF THE SITE.
SERVICE DESCRIPTION
The Site offers various services including but not limited
to, uploading, creating and exchanging digital files. Various levels of service
and corresponding fees are detailed on the Site.
You agree not to hold Webwork Creation or the Site liable
for any damage to, any deletion or failure to store your files, data or Registration
Data. You further acknowledge that Webwork Creation and the Site have limited
the amount of disk space available to each user. These limits are set out in
our price models on the Site.
COPYRIGHT AND LIMITED LICENSE AGREEMENT / POSTED CONTENT /
TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
Webwork Creation neither endorses or assumes liability for
the contents of any material uploaded or submitted by third party users of the
Site. The Site acts as a passive portal for online storage of materials uploaded
or submitted to the Site. Webwork Creation retails the right to delete content
that it deems inappropriate. However, Webwork Creation makes no claim to ensure
that all inappropriate content will be removed from the SIte. You hereby consent
to such removal and waive any claim against the Site or Webwork Creation arising
out of such removal.
No copyrighted material may be uploaded or submitted to the
Site without the express written permission of the copyright owner or persons
authorized by the copyright owner. It remains your responsibility to obtain
such permission before submitting or uploading any content to the Site.
Copyright remains with the originator or owner and as such
you agree not to download any content from the Site for commercial use without
first contacting the originator/owner. This remains your responsibility. You
acknowledge that you do not acquire any ownership rights by downloading copyrighted
material from the Site.
SERVICE OBLIGATION
childrensillustrators.com is a service provided by Webwork
Creation. Webwork Creation will use reasonable endeavours to ensure a prompt
and continuing service as described in the specification ("SERVICE DESCRIPTION")
but will not be liable for any loss of data resulting from delays, non-deliveries,
or service interruptions caused by circumstances beyond the direct control of
Webwork Creation, or by errors or omissions of the Customer. Webwork Creation
specifically excludes any condition of warranty as to the accuracy of third
party information received through the Service.
Webwork Creation will not be held liable for indirect, economic
or consequential loss whatsoever.
Breach of Terms and Conditions by customers shall lead to
termination of Service with no entitlement to refund.
The Site is not designed or intended to be used as a method
of back-up storage or data recovery. Although Webwork Creation takes reasonable
precautions to safeguard uploaded material, you should not rely on the Site
as your only storage facility. Keep your own copies and back-ups of any data
you upload to the Site.
SITE USAGE
The materials and services provided on the Site are for adults
only. All visitors to the site are subject to our rules of conduct whilst using
and accessing services provided. By using the Site in anyway you agree to:
Keep within the law. Do not violate any applicable federal,
state or international laws. This includes basic Netiquette.
Refrain from using the services provided to send unsolicited
emails to any member or visitor.
Do not interfere with other users access or usage of the Site.
Refrain from advertising, promoting other internet sites or
services that are competitors to the Site.
You agree not to upload or otherwise transmit/distribute through
the Site any material that:
Infringes on any third party rights
Contains any virus or other harmful code that may change or disrupt the Site
or any other user's equipment, software or connectivity.
You agree not to resell any services offered by the Site without express written
permission from Webwork Creation.
THIRD PARTY WEBSITES
Any third party websites linked from the Site are in no way
endorsed by Webwork Creation. Webwork Creation is not responsible for the content
of these sites. Accessing these sites remains entirely your own risk. Webwork
Creation make no representations or warranties whatsoever about any third party
site that is linked to the Site. We strongly recommend you make your own investigations
you feel necessary when dealing with or making an online transaction with any
third party linked from the Site.
MEMBERSHIP & BILLING
ANNUAL SUBSCRIPTIONS
You can become a Member of childrensillustrators.com (a "Member").
By signing up to become a member you agree to pay the annual subscription fee,
including applicable taxes, in accordance with billing terms in effect at the
time the fee or charge becomes payable, and abide by the Terms and Conditions
like any other user.
All fees will be charged directly to your credit card account
and are due in advance of the service period. Annual subscribers will be contacted
prior to the year end and given the opportunity to renew their accounts.
We reserve the right to terminate any account, at any time
for any reason.
Webwork Creation agrees that it will terminate Member's accounts
upon request by the Member. If Member cancels membership after fourteen (14)
days of signing up, no refund will be made. If the Member terminates the account
within 14 days they will receive a full refund (excluding domain registrations
- .see DOMAINS).
TERMINATION AND REFUND POLICY
All termination requests are to be made to our Customer Service
department by phone: +44 (0) 208 265 6847 or email customerservice@childrensillustrators.com.
This will be confirmed with a return call from a Customer Service Representative.
Refunds will not be issued for those who break our Terms and
conditions and Acceptable User Policies.
Customers will receive a full refund for all services if notice
of the cancellation is received up to 14 days from the initial receipt of the
service.
Domain names are non-refundable.
DOMAINS
All fees paid are non-refundable and once registered domain
names cannot be changed in their name or extension without the costs due in
the registration of a new name with the appropriate registry costs.
The contract period shall be for the whole term of fees paid
by the Customer until the expire of the valid domain name period usually two
years from the date of registration.
Webwork Creation may elect to suspend or terminate the Service
immediately on any default of payment by the Customer.
From time to time parts of the Webwork Creation network may
be taken off-line for repair or routine maintenance. Webwork Creation will endeavour
to give as much notice as possible but will not be held liable for any unscheduled
downfall in the Network due to extraneous conditions including but not limited
to Act of God, inclement weather, act of telephone or Governmental organisations
or power failure.
The Customer has the right to withdraw from or cancel their
Service Agreement with Webwork Creation at any time giving no less than 72hrs
notice. Any domain transfers should be made in writing via email only and no
refunds will be due for domain registrations.
Domain transfer requests - provided all details are correct
and procedures followed by the customer - should be carried out by Webwork Creation
within 2 working days of receiving the customer's email assuming also all outstanding
invoices/balances have been settled by the customer with Webwork Creation.
Webwork Creation reserves the right to charge an admin fee
of $29.99 USD for any domains that can be reinstated after they have been deactivated
by either the central registrar or the Webwork Creation system.
DOMAIN NAME AGREEMENT
Webwork Creation will register a domain to an individual and/or
company on a per domain basis and the individual or company is granted exclusive
use of this domain so long as all fees are paid and the balance of any accounts
are kept up to date.
By registering a name you agree to keep Webwork Creation and
its associated companies and its Directors fully and effectively indemnified
at all times against action brought about by any person, persons or company
against you in using the name. You will assume liability and costs for any such
action and release Webwork Creation and its associated companies should any
such situation arise.
Webwork Creation shall not be liable for indirect, incidental
or consequential damages, including loss of income, data, or information in
any event by use of the Service.
Webwork Creation reserves the right not to register or assign
any domain name for whatever reason.
Webwork Creation reserves the right to delete or suspend any
domain name if payments have been defaulted upon and may at its discretion levy
admin charges in re-establishing any domain or service thereof.
Webwork Creation reserves the right to vary the rate charged
for domain name registrations and renewals and/or modify the services offered
providing at least 28 days notice via its website of any cost or service changes.
SECURITY / PASSWORDS & ACCESS
The password you create on signing up to become a Member of
the Site remains your responsibility. Therefore any use or action taken using
the password provided will be your responsibility. You agree to keep the password
provided confidential and secure, and hereby agree not to disclose your password
to any third parties. You therefore agree that all transactions and activity
made using the provided password remains your responsibility and release Webwork
Creation of any liability concerning such transactions or activity. Webwork
Creation have no obligation to inquire or authenticate any request taken when
used in conjunction with the provided password. You agree to notify Webwork
Creation immediately of any actual or suspected loss, theft or unauthorised
use of your account or password.
It is the Customer's responsibility to keep all user names
and passwords secure and not let third parties knowledge or access to them or
to store them on any computer in plain text or in a format that is easily accessible.
SITE MODIFICATIONS
Webwork Creation reserves the sole right to either modify
or discontinue the Site, including any features therein at any time with or
without notice to you. Webwork Creation shall not be liable to you or any third
party should Webwork Creation exercise such right. Modifications may include,
but are not limited to, changes in the pricing structure, the addition of fee-based
services or changes to limitations on the allowable file sizes.
INDEMNITY
You agree to indemnify, hold harmless and defends Webwork
Creation, its directors, employees, agents, affiliates, partners, officers,
from and against any and all suits, losses, claims, demands, liabilities, damages,
costs and expenses (including reasonable legal fees and expenses) arising from
or relating to (i) your use of the Site and/or any material or content you submit,
download, post or transmit through the Site; (ii) your breach of these Terms
and Conditions of Use or any representation, warranty or covenant made by you
herein; or (iii) your violation of any applicable law, statute, ordinance, regulation
or any third party’s rights, including but not limited to, copyright infringement,
harm to a third party’s trademark or other intellectual property rights, or
any claim of defamation, libel or slander. This obligation survives the termination
of these Terms and Conditions.
ASSIGNABILITY
These Terms and Conditions will be binding on and will inure
to the benefit of the legal representatives, successors and assigns of both
parties. Webwork Creation may assign these Terms and Conditions in whole or
in any part at any time without your consent. You may not assign these Terms
and Conditions or delegate any of your obligations here under.
MODIFICATIONS TO TERMS AND CONDITIONS
Webwork Creation may modify these Terms and Conditions or
any of the policies or guidelines governing the Site, at any time and in its
sole discretion, by posting the modified Terms and Conditions or other policies
and guidelines on the Site. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may by means including,
but not limited to issuing an email to the email address listed by registered
Members and Users and posting affective date at the top of this page. You acknowledge
that it is your responsibility to maintain a valid working email address with
us. You may not modify these Terms and Conditions or any of the policies or
guidelines governing the Site without Webwork Creation express prior written
consent.
DISCLAIMER OF WARRANTIES
WEBWORK CREATION PROVIDE ALL MATERIAL ON AN "AS IS" BASIS.
WEBWORK CREATION DOES NOT GUARANTEE OR WARRANT THAT THE MATERIAL SUPPLIED WILL
BE UNINTERRUPTED OR ERROR- FREE. WEBWORK CREATION IS NOT RESPONSIBLE FOR THE
AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED FROM THIS SITE.
WEBWORK CREATION MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED
OR MEET YOUR REQUIREMENTS.
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