Updated:Aug, 2008
These terms and conditions of use are an agreement between Phillip
Brown Designs and you the user or member (Members or Users will
be referred to as you in this agreement). This agreement
("Agreement") also governs your use of any content or
information (the "content") made available to you by
Phillip Brown Designs through this website (the "site").
Please read these Terms and conditions of use carefully before
using this site. By using this site, you signify your assent to
these terms and conditions of use, as well as all provisions,
disclaimers and disclosures on this site. If you do not agree
to all these Terms and Conditions of use, do not use this Site.
Phillip Brown Designs may revise and update this agreement at anytime.
Your continued use of the site will mean you accept those changes.
By using this web site, you are indicating that you are eighteen
(18) years old or older, and agree to be bound by this Agreement.
You may print and keep a copy of this Agreement. We may change
this Agreement from time to time. If we do make any changes, we
will update this document accordingly (the date of the most recent
change is displayed at the top of this document). It is your responsibility
to access this document whenever you visit this web site to determine
if there have been any changes to the terms of the Agreement.
By using this web site, you will be indicating that you agree
to be bound by the changes. If you do not agree to be bound by
the changes, you may not use this web site. You are responsible
for all statements made and acts or omissions that occur while
using this web site. You may not use this web site for any unlawful
purpose. Phillip Brown Designs has the right to not display any material
that we deem inappropriate example: Pornography or material that
doesnt reflect the look or philosophy of the site.
Hyperlinks and Third-Party Sites
As you use the site, you may encounter windows and hyperlinks
that take you to web pages or websites of other companies with
which we contact, either to make their content available to you
or to enable you to communicate directly with those companies.
Phillip Brown Designs has no control over such sites and resources.
You acknowledge and agree that Phillip Brown Designs is not responsible
for the availability of such external sites or resources and does
not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that Phillip Brown Designs shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site
or resource.
Linked Information
Phillip Brown Designs is not responsible for the availability of,
or the content located on or through, any external site. If you
choose to proceed to an external site, you proceed at your own
risk.
Copyright and Other Proprietary Rights
The content and other intellectual property available through
this website (including but not limited to articles, photographs,
images, illustrations, audio clips and video clips, software and
databases) is either the property of our members or Phillip Brown
Designs and is protected by domestic and international copyright
and other intellectual property laws. Submissions to Phillip Brown Designs remain the property of our members along with all applicable
copyrights. This web site is also copyrighted as a collective
work under United States copyright law. You may, disseminate and
use information received through the site, provided you include
all copyright and other proprietary rights notices with such portion
of the content in the same form in which it appeared in this web
site, original source attribution, and the phrase "Used with
permission from Phillip Brown Designs". You may not post any
content from this web site to newsgroups, mail lists or electronic
bulletin boards, without the prior written consent of Phillip Brown
Designs. To request consent for other matters, please contact
Phillip Brown Designs. You acknowledge and agree that the Site and
all information, data and content included therein (the "Content"
contains proprietary and confidential information, including but
not limited to text, graphics, logos, icons and images, which
is protected by applicable intellectual property and other laws).
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Site
or the Site's advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
Copyright © 2006 Phillip Brown Designs. All rights reserved.
All site contents and their arrangement are copyrighted in the
U.S. and worldwide by international treaty by phillipbrowndesigns.com
and its suppliers.
Originality
Any information, images, text, comments, or opinions posted on
Phillip Brown Designs must be the original thoughts and work of the
participant. The posting of information that plagiarizes, violates
or infringes upon the right of any third party is not allowed.
This includes copyright, trademark and proprietary rights. Non-original
content may only be posted with the permission and due credit
of the third party.
DISCLAIMER OF WARRANTIES AND LIABILITY Due to the number of
sources from which content is obtained, and the inherent hazards
of electronic distribution, there may be delays, omissions or
inaccuracies in such content .Phillip Brown Designs and its affiliates,
agents and licensors cannot and do not warrant the accuracy, completeness,
current-ness, non-infringement, merchantability or fitness for
a particular purpose of the content available through Phillip Brown Designs. Neither Phillip Brown Designs nor any of its affiliates,
agents or licensors shall be liable to you or anyone else for
any loss or injury resulting directly or indirectly from use of
Phillip Brown Designs whether caused in whole or part by its negligence
or contingencies beyond its control in procuring, compiling, interpreting,
reporting or delivering Phillip Brown Designs features or content.
In no event will Phillip Brown Designs, its affiliates, agents or
licensors be liable for any decision made or action taken by users
in reliance on such features or content. Phillip Brown Designs and
its affiliates, agents and licensors shall not be liable to users
or anyone else for any consequential damages, including, without
limitation, special, incidental, indirect, or similar damage,
even if advised of the possibility of such damages.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Phillip Brown Designs
provides the Site and its content on an "As Is" basis,
and Phillip Brown Designs grants no warranties to you (express, implied,
statutory, or otherwise) via any communication with Philip Brown Designs with respect to the site and the information received
via the site. Phillip Brown Designs specifically disclaims any implied
warranty of non-infringement, merchantability or fitness or a
particular purpose. Phillip Brown Designs does not warrant that your
use of the site will be uninterrupted, always available or error-free, Phillip Brown Designs will meet your requirements, or that any defects
in the site will be corrected. Phillip Brown Designs disclaims liability
for, and no warranty is made with respect to, the availability
of the site, including without limitation unavailability caused
by heavy traffic, technical difficulties, or any outage or other
interruption in service.
LIMITATION OF LIABILITY
You agree that the sole and maximum liability of Phillip Brown Designs,
its affiliates, agents and licensors, if any, arising out of any
kind of legal claim (whether in contract, tort or otherwise) in
any way connected with this web site or the content in this web
site shall be limited to one hundred dollars.
TRADEMARKS
The following trademarks are our property: PhillipBrownDesigns.com
& Phillip Brown Designs. These marks may not be used without our
consent on any product or service, except our own, in a manner
that confuses consumers or dilutes the distinctiveness of the
marks. Phillip Brown Designs trademarks may not be used in connection
with any product or service that is not Philip Brown Designs, in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Phillip Brown Designs.
Commercial Use
You agree to allow the use of any material posted on Phillip Brown
Designs, to be used by Phillip Brown Designs to promote the site.
GOVERNING LAW AND JURISDICTION
Your use of this web site and all related rights and obligations,
shall be governed by the laws of the United States of America
and the state of California, Sussex county, as if your use was
a contract wholly entered into and wholly performed within New York
of proceeding with respect to this web site or any matter related
thereto may be brought exclusively in the courts of New York venue
or of the United States of America for the district
of New York venue. By using this web site, you
accept generally and unconditionally the jurisdiction of the a
fore said courts and irrevocably waive any objection to such jurisdiction.
If any clause or provision set forth herein is determined to
be illegal, in valid or unenforceable under present or future
law, then, in that event, you understand and agree that the clause
or provision so determined to be illegal, invalid or unenforceable
shall be severed without affecting the enforceability of all remaining
clauses or provisions. To the fullest extent permitted by applicable
law, you waive your right to a jury trial with respect to any
action brought under or in connection with these Terms and Conditions
of use.
DISCLAIMER
This site is provided by Phillip Brown Designs on an "as is"
basis. Phillip Brown Designs makes no representations or warranties
of any kind, express or implied, as to the operation of the site,
the information, content, materials or products included on this
site, to the full extent permissible by applicable law.
Indemnity
You agree to indemnify and hold Phillip Brown Designs and its subsidiaries,
affiliates, officers, directors, agents, employees and their successors
and assigns harmless from any claim or demand, including reasonable
attorney fees, made by a third party due to or arising from or
in connection with your use of the site, use of content provided
via the site or breach of these terms and conditions of use.
Legal Compliance
You shall comply with all applicable laws, statues, ordinance
and regulations regarding your use of the site.
Finally
Please take into consideration that although we can control the consistency of our tie dye colors, due to the nature of the tie dye method, the pattern of each item that we tie dye will be unique and one of a kind.nk you,
Thank you,
Phillip Brown
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