PVD Design Company is strongly committed to protecting your privacy and providing a safe online experience. The following Online Policies apply to PVD Design Company, LLC. and all of its parent companies and subsidiaries. We urge you to read the complete Online Policy set forth below, as well as our User Submitted Content Terms and Conditions of Use, and contact us if you have any questions.
Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
A. SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PVD DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
B. PVD DESIGN MAKES NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C. PVD DESIGN MAKES NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
IN NO EVENT WILL PVD DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF PVD DESIGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify and hold PVD Design and our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your use of the site; User Submitted Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.
These Terms constitute the entire agreement between you and PVD Design with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and PVD Design. These Terms and the relationship between you and PVD Design will be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive PVD Design jurisdiction of the courts located within Providence County, Rhode Island, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.
User Submitted Content Terms and Conditions of Use
As a PVDDesign.co user you may submit/upload information, data, text, photographs, sound, graphics, video, messages, or other materials (“Content”) through this site. You understand that whether or not such Content is published, PVD Design does not guarantee any confidentiality with respect to any User Submitted Content. You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them.
You have chosen to post, submit, or display Content (as hereinafter defined) to a web-site owned, controlled, and/or operated by PVD Design. These User Submitted Content Terms and Conditions of Use (“USCTACOU”) govern the submission of Content to PVD Design. Content means any information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, embedded images and other items or property depicted in the submitted images, or other content in any form.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content, you hereby grant PVD Design an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the Content for any commercial purpose at PVD Design’s discretion, including without limitation in any media whatsoever now known or later invented throughout the world. You hereby disclaim any right to any compensation from PVD Design in connection with PVD Design’s exercise of its license rights in and to the Content you have submitted to PVD Design. You acknowledge and agree that PVD Design is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any Content. By submitting the Content, you represent and warrant that: (i) you own the copyright in such Content or that you have a legitimate license to post the Content, including photographs or other audiovisual material, without any restrictions whatsoever; and/or (ii) you have obtained all requisite releases, including likeness releases, from all persons whose likeness is featured or depicted in the Content and (iii) you authorize PVD Design to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Website and these USCTACOU.
PVD Design reserves the right to review any Content and remove, delete, redact, or otherwise modify such Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. PVD Design has no obligation to publish, display, or post any Content. PVD Design reserves the right to disclose, at any time and from time to time, any information or Content that PVD Design deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request.