Last updated: September 6, 2020
Agreement to Terms
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
I reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to refuse any and all current or future use of the Website (or any portion thereof).
You may not access or use the Website for any purpose other than that for which I make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
As a user of the Website, you agree not to:
- Systematically retrieving data or content from my Website to create a collection or database without written permission from me.
- Trick, defraud, or mislead me or other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of my Website. This includes features that prevent/restrict the use of any content.
- Disparage, tarnish, or otherwise harm, in my opinion, my company and/or my Website.
- Harass, abuse, or harm another person using any information obtained from my Website.
- Use my Website inconsistently with any applicable laws or regulations.
- Advertise or offer to sell goods and services on your Website.
- Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use of my Website and its features.
- Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
Interfere, disrupt, or create an undue burden on my Website, networks, or services.
- Harass, annoy, intimidate, or threaten anyone engaged in providing any portion of my Website to you.
- Bypass measures of my Website designed to prevent/restrict access.
- Decipher, decompile, disassemble, or reverse engineer any of the software that makes up my Website.
- Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the Website, or launch any unauthorized script or software (unless as a result of a standard search engine or internet browser usage).
- Use my Website in an effort to compete with me, or otherwise use my Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you to me are non-confidential and shall become my sole property. I shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against me for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Term & Termination
I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
These Terms shall be governed by and defined following the laws of the United States. Victoria Watson Nguyen and yourself irrevocably consent that the courts of Texas, USA, shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The seat, or legal place, of arbitration shall be in the Dallas-Fort Worth area, Texas, USA. The language of the proceedings shall be English.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (3) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact me at graffvic.com/contact.