BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU.
Application
The Terms of Use apply to your access to or use of the website capitoldesignerstudio.co.uk (the “Site”) operated by Capitol Designer Studio and its affiliates and subsidiaries (“Capitol Designer Studio”, “we”, “our” or “us”). The Site is made available for informational and research purposes and is intended for users acting in a professional capacity.
These Terms of Use set forth the legally binding terms governing your access and use of the Site. These Terms of Use apply to Capitol Designer Studio only.
BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.
Intellectual and Other Proprietary Rights
The rights granted to you under these Terms of Use are subject to the following restrictions:
- The Site include content that is derived in whole or in part from content or materials supplied and owned by Capitol Designer Studio, Capitol Designer Studio’s licensors or third parties. As between Capitol Designer Studio and you, Capitol Designer Studio owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world associated with the Site and content except, if applicable, with respect to your content (as defined below).
- You acknowledge Capitol Designer Studio’s valid intellectual and proprietary property rights in the Site and content and that your use of the Site is limited to accessing, viewing and downloading of the Site and content, as authorized by Capitol Designer Studio. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to the Site or content, or to any portion thereof, except for the limited rights expressly granted herein.
- You may not either directly or through the use of any computer, tablet, phone or other device (each a “Device”) or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Site or content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Site or content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site (including any code used in any software) or content.
- You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Site or content unless expressly permitted by Capitol Designer Studio in writing. You may not incorporate the Site or content into, or stream or retransmit the Site or content via, any hardware or software application or make the Site or any content available via frames or in-line links, and you may not otherwise surround or obfuscate the Site or content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Site, content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Site or its servers and infrastructures.
- You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Site (including any code used in any software) or content, whether or not for profit.
- To the extent we make the Site or content available to you via a widget, embedded player or other technology that allows you to embed or stream content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with content.
- You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view the Site or content without: (i) displaying visibly both content and all surrounding elements and (ii) having full access to all functionality permitting viewing of content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or other addition to functionality of the Site or content shall be subject to these Terms of Use. All copyright and other proprietary notices on any Site content or materials must be retained on all copies thereof. Modification or use of the Site (including any content or materials published thereon) for any purpose not permitted by these Terms of Use is prohibited and may be a violation of the copyrights and/or trademarks protected by law and these Terms of Use.
If you provide Capitol Designer Studio any feedback or suggestions for improving or regarding your use of the Site (“Feedback”), you hereby assign to Capitol Designer Studio all rights in the Feedback and agree that Capitol Designer Studio shall have the right to use such Feedback and related information in any manner it deems appropriate. Capitol Designer Studio will treat any Feedback you provide to Capitol Designer Studio as non-confidential and non-proprietary. You agree that you will not submit to Capitol Designer Studio any information or ideas that you consider to be confidential or proprietary.
Enforcement
If we become aware of a user’s violation under these Terms of Use, including the rights of any third party, we may take certain remedial steps, including refusing access to the Site to any person or entity and change eligibility requirements at any time.
If we become aware that any of our users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that user’s access to the Site. We reserve the right (but have no obligation) to review any user content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your user content, terminating your access to the Site (including any user account, registration or membership), legal action and/or reporting you to law enforcement authorities.
Capitol Designer Studio reserves the right to investigate suspected violations under these Terms of Use, including comments, postings or emails you make on or send through the Site. Capitol Designer Studio may seek to gather information from the user who is suspected of violating these Terms of Use and from any other user. Capitol Designer Studio may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Capitol Designer Studio believes, in its sole discretion, that a violation under these Terms of Use has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Capitol Designer Studio may cooperate with law enforcement authorities or court order requesting or directing Capitol Designer Studio to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS Capitol Designer Studio (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Capitol Designer Studio (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Capitol Designer Studio OR LAW ENFORCEMENT AUTHORITIES.
Disclaimers
THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. Capitol Designer Studio ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. Capitol Designer Studio DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY ONLINE SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL Capitol Designer Studio BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, ANY CONTENT POSTED ON OR THROUGH THE SITE, OR CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. YOU USE THE SITE AT YOUR OWN RISK. Capitol Designer Studio CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE (AND OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITE INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Third Party Services
The Site might contain links to third party websites, apps or other services (e.g., social media platforms) (collectively, “Third Party Services”). Such Third Party Services are not under the control of Capitol Designer Studio and Capitol Designer Studio is not responsible for any Third Party Services. Capitol Designer Studio provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. When you use Third Party Services, you do so at your own risk. When you link to a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
Local Regulations
Capitol Designer Studio makes no representation that the Site or content are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site or content from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Termination
Capitol Designer Studio may, in its sole discretion, terminate your use of the Site, or remove and discard any content or information stored, sent, or received via the Site without prior notice and for any reason or no reason, including, but not limited to: (i) any unauthorized access or use of the Site, (ii) any violation under these Terms of Use, or (iii) tampering with or alteration of any of the software, data files, and/or content contained in or accessed through, the Site. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation under these Terms of Use or your access rights to the Site shall not affect any right or relief to which Capitol Designer Studio may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Capitol Designer Studio and its licensors and all rights granted by you to Capitol Designer Studio shall survive in perpetuity.