VAUGHANDESIGNS.COM is hosted on the G-MOD Publishing Platform and as such is obliged to conform to G-MOD terms and conditions.
Unless otherwise stated the policies set out below pertain to all G-MOD sites.
1. ACCEPTANCE OF TERMS
By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular G-MOD services, you agree to abide by any applicable posted guidelines for all G-MOD services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with G-MOD in any way, your only recourse is to immediately discontinue use of G-MOD.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that G-MOD does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the G-MOD site and Content available through the Service may contain links to other websites, which are completely independent of G-MOD. G-MOD makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will G-MOD be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that G-MOD does not pre-screen or approve Content, but that G-MOD shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. CONDUCT AND RESPONSIBILITIES
Violation of any of these terms will result in the termination of your G-MOD account. While G-MOD prohibits such conduct and content on its site, you understand and agree that G-MOD cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the G-MOD service at your own risk.
4. GENERAL CONDITIONS
We reserve the right to modify or terminate all or any portion of the G-MOD Service for any reason, without notice at any time.
Although G-MOD does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to G-MOD an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify G-MOD's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the G-MOD site that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
G-MOD's Agent will forward this information to the alleged infringer.
6. PRIVACY AND INFORMATION DISCLOSURE
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to G-MOD email addresses or through G-MOD computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of G-MOD computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. TERMINATION OF SERVICE
You agree that G-MOD, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if G-MOD believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that G-MOD shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE G-MOD SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE G-MOD SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, G-MOD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE G-MOD SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, G-MOD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE G-MOD SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE G-MOD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, G-MOD DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE G-MOD SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL G-MOD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ( EVEN IF G-MOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE G-MOD SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE G-MOD SITE OR THE SERVICE, FROM INABILITY TO USE THE G-MOD SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE G-MOD SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE G-MOD SITE OR THE SERVICE OR ANY LINKS ON THE G-MOD SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE G-MOD SITE OR THE SERVICE OR ANY LINKS ON THE G-MOD SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.