Last Updated: January 1, 2019
- You further agree that you will not:
- take any action that imposes or may impose (in the Website Owner’s sole discretion) an unreasonable or disproportionately large load on the Website Owner’s infrastructure; or
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
- You further agree that you will not:
- REPRESENTATIONS AND WARRANTIES: You represent and warrant to the Website Owner that any information you provide on the Website will be true, accurate, and complete, and will not violate any law, statute, ordinance, or regulation. You warrant that you will not falsely identify yourself, impersonate, or falsely represent your affiliation with any person or entity. Except with the prior express written consent of the Website Owner, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website, the server on which our website is stored or any server, computer, or database connected to the Website. Unauthorized individuals attempting to access prohibited areas of the Website may be subject to legal prosecution. By breaching this provision, you may commit a criminal offense under applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.
- the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
- the posting or transmitting copyrighted material of which you are not the copyright owner;
- transmitting viruses, Trojans, worms, or other material that is malicious or technologically harmful; or
- the advertising, selling, offering to sell or buy goods or services or engaging in solicitation or promotional activity, except in those areas of the Website that have been specifically designated for such purposes.
- LINKS TO OTHER WEBSITES: The Website may contain links to other websites (“Linked Websites”). Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that the Website Owner is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not the Website Owner is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Website Owner is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website or by accessing a Linked Website.
- AUTHORIZED RETAILERS: You must be a registered customer of Gyford Productions to participate in the Authorized Retailer program. Participation requires subscription to Gyford Productions communications, including but not limited to emails and newsletters. By unsubscribing from these emails, you withdraw from the Authorized Retailer program.
- PROPRIETARY RIGHTS: You acknowledge and agree that the trademarks of the Website Owner (“Marks”), the Website, the content, the goods and services, and the content and look and feel of the Website, to the maximum extent protectable by law, are proprietary, original works of authorship of the Website Owner, or licensors of Website Owner, and are protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, the goods and services, the content, and look and feel of the Website are and shall remain with the Website Owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior express written consent of Website Owner, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Website Owner or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including your website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the prior express written consent of Website Owner.
- INTERRUPTIONS IN SERVICE: The Website and access to the content of the Website may, from time-to-time, be unavailable to you or third-parties, whether due to technical failures or interruptions, intentional downtime for service, or changes to the Website, or otherwise. You agree that the Website Owner shall have no liability of any nature to you or any third-party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.
- Information the Website Owner collects may include: contact information; names; addresses; email; credit/debit card information; phone numbers; and any other information pertinent to your order and payment.
- DISCLAIMER OF WARRANTIES: You understand and expressly agree that your use of and reliance on any and all content and services, including with respect to any products and services, contained in or provided through the Website is at your sole risk. Such content and services are provided on an “as is” and “as available” basis. The Website Owner makes no express or implied representations, warranties or guarantees with respect to the appropriateness accuracy, sufficiency, correctness, veracity, value, completeness, availability or timeliness of the data, methods or content contained in or provided through the Website. The Website Owner does not warrant the functions contained in the website will be uninterrupted or error-free, that defects will be corrected or that the server that makes the content available will be free of viruses or other harmful components. The Website Owner expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
Without limiting the foregoing, the Website Owner makes no representations or warranties concerning instructions provided on the Website as these are preliminary guidance only and professional advice should be sought. Your installation may be different from those depicted in the guides and videos. No safety guarantee is expressed or implied in any installation unless such a guarantee is provided in writing by Gyford Productions on installations that Gyford Productions does. It is the responsibility of the installer to ensure that the parts and materials used in any installation are specified and engineered to meet the demands of their intended purpose.
- EXCLUSION OF LIABILITY: In no event will the Website Owner be liable to you, any user of the Website or your website or any third-party for any decision made or action taken in reliance upon the content contained in or provided through the Website. Any content you download or otherwise obtain through the use of the Website or any linked website is at your own risk and you will be solely responsible for any theft, destruction, unauthorized access to or alteration of personal records, damage to your equipment, software or website, loss of data, the reliance on or use of data, content, opinions, or other materials appearing on the Website or a linked website, or other personal loss that results from the downloading or use of any material on the Website or a linked website.
- USER-SUPPLIED INFORMATION: You agree that any material, information, or data you transmit to the Website Owner or post to the Website (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to the Website Owner that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Website Owner the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media (including for advertising or other commercial use), in any manner, in whole or in part, without any restriction or responsibilities to you. If the Website Owner publishes a Submission or authorizes or licenses others to do so, the Submissions may be edited for length or clarity or for any other reason either before or after it is published. You also grant the Website Owner the non-exclusive right to seek to enjoin and/or obtain damages from any third-party from the unauthorized use or reproduction of the Submissions.