»
HD | Policies -
March 29, 2008 |
CONDITIONS OF USE
Thank you for visiting the Hren Design website. The Hren
Design website has been made available to you subject to your
compliance with the terms and conditions set forth below (the
"Conditions of Use"). Please read this document
carefully before accessing or using the Hren Design website.
By accessing or using this website, you are agreeing to be
bound by the Conditions of Use. If you do not wish to be bound
by the Conditions of Use, you may not access or use the website.
Before beginning your design, you will have the opportunity
to purchase a limited license to use your artwork unless other
wise specified in your proposal. Hren Design retains copyrights
to the original art, however the limited license allows you
to use and display the art in your customized logo in advertising,
promotional, signage, business stationery, and packaging materials.
The arts used in all preliminary designs which you do not
select as the final version of your logo remain the full property
of Hren Design, and you do not own a limited license to them.
Hren Design retains the right to cancel orders and refund
your money at any point in the development process. Hren Design
also retains the right to modify or change this policy, at
its sole discretion, at any time.
You cannot sell, assign, or otherwise transfer rights to
the art alone, however, any trademarks rights you may eventually
develop in the logo will be owned by you. The logo is considered
to include the art and the text you display with the art.
These Conditions of Use are hereby incorporated by reference
into your Licensing Agreement. If any provision in these Conditions
of Use conflicts with any provision of your Licensing Agreement,
the provisions herein shall be deemed amended to be consistent
with the provisions in your Licensing Agreement.
Modification of these Conditions of Use
Hren Design reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective
immediately upon posting of such changes. You are therefore
responsible for regularly reviewing these Conditions of Use
and additional terms or notices posted on the Hren Design
website. Your continued access of this website shall be deemed
your conclusive acceptance of the modified agreement. When
we make changes, we will also update the revision date at
the top of the document.
Privacy
Please review our Privacy Policy, which also governs your
visit to Hren Design, to understand our practices regarding
the use and disclosure of your personal information.
Electronic Communications
When you visit the Hren Design website or send e-mail to
us, you are communicating with us electronically, and are
thereby consenting to receive communications from us electronically
or by other means available. We will communicate with you
electronically, by telephone or by facsimile. It is further
understood that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy
any legal requirement that such communication be in writing.
Copyright, Trademark and Licenses
THE ENTIRE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED
TO: USER INTERFACE DISPLAYS AND PORTIONS THEREOF, TEXT, GRAPHICS,
HREN DESIGN LOGO, BUTTON ICONS, [FLASH MOVIES], IMAGES, [AUDIO
CLIPS,] DIGITAL DOWNLOADS, DATA COMPILATIONS, THE SELECTION
FORMAT AND ORGANIZATION THEREOF, AS WELL AS THE UNDERLYING
SOFTWARE AND DATABASES, ARE THE PROPERTY OF HREN DESIGN AND
ARE PROTECTED BY DOMESTIC AND INTERNATIONAL COPYRIGHT AND
TRADEMARK LAWS. EXCEPT AS EXPRESSLY PROVIDED IN OUR ON-LINE
INSTRUCTIONS FOR PREVIEWING THE DESIGN OR PURSUANT TO OUR
LICENSE AGREEMENT, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE ANY PORTION OF THE WEBSITE
OR THE art DATABASE WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT
OF HREN DESIGN.
If you believe any content appearing on our website infringes
another party’s rights, please contact us via email
using the address below to notify us of this infringement.
You agree that Hren Design may use any ideas, concepts, or
techniques that you send to us for any purpose. You also grant
Hren Design the right to utilize your logo in connection with
advertising, marketing and promotional materials for the Hren
Design website. Any material posted or transmitted to the
website will be treated as non-confidential.
You agree and acknowledge that your rights to use our materials
are limited to those provided in the final License Agreement,
and that no trade or service marks in or to the final logo
are being conveyed under these Conditions of Use. You agree
that Hren Design has no obligation or duty to perform trade
or service mark searches, or similar inquiries, to validate
the legality or propriety of the arts, the logo you create,
or other materials provided. In addition, you acknowledge
that Hren Design shall have no responsibility or obligation
of any kind to assist you in seeking state or federal intellectual
property protection (including, but not limited to, trademark
registration) for the logos or other materials provided, nor
shall Hren Design be responsible for assisting you in any
way in your perfection of your rights.
License and Website Access
Hren Design grants you a limited license to access and make
personal use of this website. You agree not to download (other
than for page caching purposes) or modify the Hren Design
website, or any portion of it, except as expressly provided
in our on-line instruction for previewing logos, or pursuant
to the License Agreement, or with the express written consent
of Hren Design. You may not frame, or use any framing techniques
to enclose the Hren Design trademark, logo, or other proprietary
information (including images, text, flash movie, page layout,
or form) without the express written consent of Hren Design.
You may not use META tags or any other "hidden text"
which utilize Hren Design, Hren Design., or any other derivative
of our domain or company name without the express written
consent of Hren Design.
It is further understood and agreed that Hren Design cannot
and does not guarantee or warrant that files made available
for downloading through the Hren Design website will be free
of infection or viruses, worms, Trojan horses, or other code
that manifests contaminating or destructive properties. It
is your responsibility for implementing sufficient safeguards
and procedures to ensure that any files obtained through Hren
Design are free from such contaminations.
Hren Design shall not be responsible for any delays or interruptions
of, or errors or omissions contained in the website or resulting
from use of the website. We reserve the right, but are not
required to correct any delays, interruptions, errors or omissions.
Although we intend to use commercially reasonable efforts
to make the website accessible, we do not represent or warrant
that the website will always be available. We may, at our
sole discretion, discontinue the website at any time, either
in whole or in part, and may alter or eliminate any transmission
method, and may alter transmission speeds or other signal
characteristics. Hren Design shall not be responsible for
any loss or liability that may result
As a user, you may create a user identity for purposes of
sharing and accessing your logo design(s) in progress. Your
user identity will include certain personal information, such
as your industry. If information will be shared with others,
we will identify those fields. It is your decision on whether
to share this information with other website users. You shall
keep confidential, shall not disseminate, and shall use solely
in accordance with these Conditions of Use, your user identity
and password for the website. You shall immediately notify
Hren Design if you suspect any loss or theft of these items
or any unauthorized use of them or of the website. In such
an event, we may impose additional security requirements on
you and/or discontinue your access, at our sole discretion.
Hren Design reserves the right, at our sole discretion, to
reject, cancel or terminate your access to the Hren Design
website, your order for any product or service offered by
Hren Design, including one pursuant to a License Agreement,
at any time and without prior notice. You agree that Hren
Design shall not be liable to you or any third party for any
rejection, cancellation or termination of your access to the
Hren Design website, your order or your License Agreement.
If we reject, cancel, or terminate your order or License Agreement
for a reason other than your breach or non-performance under
your License Agreement, we will refund any prepayments made
by you relating to the rejected, canceled or terminated order
or License Agreement.
Hren Design will maintain and grant you access to your in-progress
information from the date you initially accept the License
Agreement until your logo is finished, for a period up to
one year. If you have not accessed your in-progress information
within one year’s time, the information may be deleted
at our sole discretion, at a time of our choosing.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY HREN
DESIGN ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HREN DESIGN MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE
OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
HREN DESIGN DOES NOT REPRESENT OR WARRANT THAT WE HAVE THE
EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS
OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS OR SERVICES
DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY
OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. HREN DESIGN WILL
NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS
OR SERVICES TO BE DELIVERED UNDER YOUR LICENSE AGREEMENT,
AND WILL DELIVER THE SAME “AS IS” AND WITHOUT
ANY REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO USE
SUCH PRODUCTS OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT
OR SIMILAR PROTECTION OF SUCH PRODUCTS OR SERVICES, IN THE
UNITED STATES OR ANY OTHER JURISDICTION.
THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS
OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER
PERSON.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HREN DESIGN
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT
OF ANY THIRD PARTY INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.
HREN DESIGN DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS,
OR E-MAIL SENT FROM HREN DESIGN ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT IT WILL NOT EXPERIENCE COMMUNICATION
DELAYS OR FAILURES. HREN DESIGN WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
HREN DESIGN USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND
UP-TO-DATE INFORMATION ON THIS WEBSITE. HREN DESIGN ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER
ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN YOUR LICENSE
AGREEMENT OR THESE CONDITIONS OF USE, HREN DESIGN’S
LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT
OF THE LICENSE AGREEMENT OR OUR PROVISION OF PRODUCTS OR SERVICES
SHALL NOT EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID TO US
FOR SUCH PRODUCTS OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Third Party Links
Linked websites are not under the control of Hren Design
and Hren Design is not responsible for the availability or
contents of any linked site or any link contained in a linked
site. Hren Design provides links to you only as a convenience,
and the inclusion of any link does not imply or constitute
an endorsement by Hren Design of the site. If you choose to
use any linked content, you do so at your own risk.
Applicable Law
By visiting the Hren Design website, you agree that the laws
of the state of Washington, without regard to principals of
conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and Hren
Design. This website is operated and controlled by Hren Design.
from our offices in Washington. We do not represent that materials
on the website are appropriate or available for use in other
locations. If you choose to access this website from another
location you do so at your own initiative and are responsible
for compliance with any local laws.
Disputes
Any dispute relating in any way to your visit or access of
the Hren Design website or to the licenses or products or
services you purchase through the Hren Design website shall
be submitted to binding arbitration in King County, Washington,
except that, to the extent you have in any manner violated
or threatened to violate Hren Design' intellectual property
rights, Hren Design may seek injunctive or other appropriate
relief in any state or federal court in the state of Washington,
and you irrevocably consent to personal and exclusive jurisdiction
and venue in such courts. Under no circumstances shall the
laws of any other state be applied, even where this result
would be implicated by conflict of law principles. Arbitration
under these Conditions of Use shall be conducted under the
rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration
under these Conditions of Use shall be joined to an arbitration
involving any other party subject to these Conditions of Use,
whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Hren Design,
its officers, directors, owners, partners, subsidiaries, employees,
agents, licensors, suppliers and any third party information
provider to the website from and against all losses, expenses,
damages and costs, claims of any third party, including attorney's
fees, due to, arising out of, related to or otherwise (i)
attributable to the actual or alleged infringement or violation
of any intellectual property right claimed by a third party,
or otherwise arising out of or related to any materials or
intellectual property you provided, (ii) resulting from any
violation of these Conditions of Use (including negligent
or wrongful conduct) by you, (iii) your use of any of the
products or services provided by Hren Design or (iv) your
use and access of the Hren Design website.
International Use
Given the global nature of the Internet, you agree to comply
with all local rules including, without limitation, rules
about the Internet, data, e-mail, privacy, copyright, and
trademark infringement. Additionally, you agree to comply
with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which
you reside.
Other Provisions
These Conditions of Use set forth the entire agreement and
understanding of the parties with respect to the subject matter
hereof and supersede any and all prior oral or written agreements
and understandings, and any and all contemporaneous oral agreements
and understandings (excluding any associated agreements required
by Hren Design (for example, the Privacy Policy and License
Agreement) as a condition precedent to your use of the website.
No modification, amendment, or waiver of these Conditions
of Use shall be binding unless evidenced in writing and signed
by Hren Design. The language of these Conditions of Use shall
be deemed to be the language mutually chosen by the parties
and no rule of strict construction shall be applied against
or in favor of either party hereto. The section headings and
other headings contained in these Conditions of Use shall
not affect the meaning or interpretation of these Conditions
of Use.
Hren Design' failure to insist upon or enforce strict performance
of any provision of these Conditions of Use shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act
to modify any provision of these Conditions of Use. Hren Design
may assign its rights and duties under these Conditions of
Use to any party at any time without notice to you. If any
of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity or enforceability of any
remaining condition. Any rights not expressly granted herein
are reserved.
You may contact us at: legal@hrendeisgn.com
PRIVACY POLICY
Hren Design is committed to protecting your privacy. That
is why we have adopted this Privacy Policy, which is intended
to describe how your personal information is processed and
used. We will make every effort to ensure that our activities
remain within the spirit of this Privacy Policy. Please note
that by visiting and using the Hren Design website, you are
accepting the practices described in this Privacy Policy.
Hren Design may change the terms of this Privacy Policy at
any time. Any changes to this Privacy Policy will be posted
on this page so that you are always aware of the information
that we collect, how we use it, and under what circumstances
we disclose it. When we make changes, we will also update
the revision date at the top of the document.
What Information is Hren Design gathering about its visitors
and how is it being used?
Every computer connected to the Internet is provided with
a domain name (e.g. earthlink.net) and an IP Address (e.g.
192.164.13.145). When a visitor requests a page from within
the Hren Design website, our Web Servers automatically identify
and log the HTTP request that is made to our Web Server. This
information reveals nothing personal about you. In fact, the
only information that we automatically gather and log is as
follows:
- The IP Address of the Site that may have Referred
you.
- Your IP Address.
- The Web Page that you may have linked
to us from, if any.
- The pages requested, and time and
date of that request.
The Product Identifier for Version and Make of Browser
(e.g. Internet Explorer 4.5)
- The Operating System platform
that you may be running (e.g. Macintosh or Windows)
- Search
Words or Terms that are passed from a Search Engine (e.g.
Google, Yahoo, or Lycos)
There is absolutely nothing special about the information
just described, and the practice of collecting this data
has been generally standardized by virtually every Web
Server on the Internet today.
- The purpose for this information is actually two-fold.
One, Hren Design has found it advantageous to examine visitor
traffic in its aggregate, so that we can ensure maximum
compatibility for the various Browsers and Operating Systems
on the computers of the users that visit our site. Additionally,
as most businesses will agree, it is our desire to generate
greater visitor traffic. By analyzing visitation patterns,
referring URLs, and Search Engine terms, we can strategically
enhance our exposure on the Internet.
Protection of Children’s Personal Information
Hren Design is a general audience website and we do not knowingly
collect any personal information from children (those under
the age of 13).
What about Cookies?
Cookies are small pieces of data that are transferred to
your computer's hard drive through your Web browser from our
website. A cookie cannot read data from your hard disk or
read cookie files that may have been created from other sites.
The Hren Design website utilizes cookies as a means of providing
personalization features to our visitors. For example, we
utilize cookies to remember settings that you may have made
at our website (design information, responses to questions)
and to monitor usage trends.
You can choose whether to accept cookies by changing the
settings of your browser. Typically, by accessing the browser's
help feature you can obtain information on how to prevent
your browser from accepting all cookies or to notify you when
a cookie is being sent. If you choose not to accept these
cookies, your experience at our website and other websites
may be diminished and some features may not work as intended.
What other information does Hren Design request?
We may also request your e-mail address or mailing address,
phone number and input for the purposes of delivering the
final version of your logo, notifying you of login information,
conducting a survey, adding you to our mailing list, or by
your request to have someone contact you on a customer service
issue or for additional information. Whenever we request the
identity of a visitor, we will clearly indicate the purpose
of the inquiry before the information is requested. We maintain
a strict "No Spam" policy that means we do not intend
to sell, rent, or otherwise give your e-mail address to a
third-party, without your consent. If you give us personal
information on another person, such as a spouse or co-worker,
we will assume that they gave you their permission to do so.
We retain information on logo designs in progress in password-protected
files.
When you use Hren Design to access or review design projects,
the software may record the date and time that you reviewed
the designs.
In addition, Hren Design will not send you e-mail that you
have not agreed to receive. If you are a member of our Mailing
List, you may be contacted with announcements, news, portfolio
additions, and new products or services. You have the option
of "Unsubscribing" from our Mailing List at any
time, thereby disabling any further such e-mail communication
from being sent to you. If you wish to have specific communications
with a member of the Hren Design staff, you will be required
to provide specific information that will be routed to the
appropriate contact within Hren Design.
What information does Hren Design collect when I purchase
something?
If you purchase something, such as a license for use of a
logo, or other products such as stationery, we need to obtain
the appropriate information in order to complete the transaction.
Depending upon the method of payment that you select and your
location, the required information may vary. However, generally
speaking we will need:
- Your Name
- Billing Address (for Credit Card Orders)
- Shipping Address
- E-Mail Address
- Phone Number
- Credit Card Number (for Credit Card Orders)
- Expiration
Date (for Credit Card Orders)
[We use shopping cart features that safeguard this information
by using industry standard SSL (Secure Sockets Layer) encrypted
servers. SSL encodes the information transferred between
you and the server, rendering it unreadable to anyone trying
to intercept the information.
Will Hren Design disclose the information collected to Third
Parties?
Hren Design will disclose your personal information or any
of its log file information when required by law or in the
good-faith belief that such actions are necessary to:
- Conform to the edicts of the law or comply with a legal
process served on Hren Design., a Washington corporation
doing business as Hren Design.
- Protect and defend the
rights or property of Hren Design, or visitors of Hren
Design.
- Identify persons who may be violating the law,
the legal notice, or the rights of third parties.
- Cooperate
with the investigations of purported unlawful activities.
- We may employ third parties to perform acts on our behalf,
for example to fill orders, send mail, process credit card
payments, handle questions and customer service, etc. We
may also need to provide your personal information to these
parties. We will give them only the information needed
to perform their duties, and will prohibit them from using
the information for any other purpose.
Miscellaneous information that is not solely personal to
you or that is anonymous may be used to improve our website
and service, to monitor usage, and for general business purposes.
We may disclose this information to third parties for business
reasons, including allowing publishers to learn which information
is of interest to their readers, allowing advertisers to learn
usage habits or characteristics of the users, and to allow
potential investors to understand our business.
Hren Design welcomes your comments regarding this Privacy
Policy, please contact us by e-mail at legal@hrendesign.com
Hren Design uses reasonable precautions to keep the information
disclosed to us secure. For example, we store the personal
information provided to us in computer servers with limited
access and locate them in controlled facilities. However,
no data sent over the internet or wireless networks can be
sure of security. Thus, despite our efforts, we cannot guarantee
the security of any information that you send to us, and thus
you do so at your own risk.
When we transmit sensitive information (such as credit card
numbers) over the internet, we use encryption for protection.
Hren Design reserves the right to transfer information in
connection with the sale of all or part of Hren Design capital
stock or assets to any third party. Furthermore, we are not
responsible for any breach of security or for any actions
of any third parties that receive the information. For your
convenience, Hren Design may also provide "links"
to a wide variety of other web sites on the Internet. We are
not responsible for their content or Privacy Policies or how
those web sites manage information about their users. We strongly
urge you to check with those web sites to determine their
privacy policy.
|
