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Terms and Conditions of Use

This Internet website is provided by MSW Interactive Designs LLC and its affiliates (collectively, MSW Interactive Designs LLC), with participating partners. By using this website, you agree to be bound to the following Terms and Conditions, as well as the Terms and Conditions of our partners. Please be aware that MSW Interactive Designs LLC may revise these Terms and Conditions from time to time by updating this posting. Such revised Terms and Conditions will take effect as of the date of posting.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Use of Materials on this Website
MSW Interactive Designs LLC maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) ("Content") is the property of MSW Interactive Designs LLC and its partners. Without MSW Interactive Designs LLC's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page.

Your Submissions
MSW Interactive Designs LLC likes to hear from you. Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference.

By submitting and/or posting Content to the website, you automatically grant to MSW Interactive Designs LLC a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by MSW Interactive Designs LLC or licensed to others by MSW Interactive Designs LLC for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website.

MSW Interactive Designs LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. MSW Interactive Designs LLC does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If MSW Interactive Designs LLC becomes aware of any communication that allegedly does not conform to these Terms and Conditions, MSW Interactive Designs LLC may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. MSW Interactive Designs LLC has no liability or responsibility to you for performance or nonperformance of such activities. MSW Interactive Designs LLC reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

Disclaimer
Your use of this website is at your risk. MSW Interactive Designs LLC does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. MSW Interactive Designs LLC does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. MSW Interactive Designs LLC reserves the right to correct any errors on this website. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, MSW Interactive Designs LLC is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MSW Interactive Designs LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. MSW Interactive Designs LLC does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website.

Limitation of Liability
NEITHER MSW Interactive Designs LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSW Interactive Designs LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links
MSW Interactive Designs LLC has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by MSW Interactive Designs LLC of these sites. Your linking to any other pages or sites is at your own risk. You agree that MSW Interactive Designs LLC will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy.

Vendor Contacts
MSW Interactive Designs LLC does NOT review nor endorse the vendors listed on this site and is not responsible for the performance or business conducted by the Vendors listed on this website. The inclusion of any vendor on this site does not imply endorsement by MSW Interactive Designs LLC of these Vendors. Your contact with any Vendor on this site is at your own risk. You agree that MSW Interactive Designs LLC will not be liable for any loss or damages you or any third party may suffer in connection with Vendor communications, their services, or their websites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy. We encourage you to conduct due diligence in researching vendors. This may include contacting your local Better Business Bureau regarding the vendor, conducting interviews prior to contracting with the vendor, or any other activities to ensure you are making a fully informed decision prior to working with the Vendor.

Termination
You agree that MSW Interactive Designs LLC may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of MSW Interactive Designs LLC or any third party, or for any reason with or without notice to you. You agree that MSW Interactive Designs LLC may modify or discontinue this website, with or without notice to you. You agree that MSW Interactive Designs LLC will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Use of Materials on this Website," "Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website.

General Provisions
MSW Interactive Designs LLC controls and operates this website from its headquarters in Knoxville, Tennesse, the United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Knox County, Tennessee, and you hereby agree to submit to the personal jurisdiction of such courts.

Indemnity
You agree to defend, indemnify, and hold harmless MSW Interactive Designs LLC, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. MSW Interactive Designs LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of MSW Interactive Designs LLC and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of MSW Interactive Designs LLC or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.

Copyright
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of MSW Interactive Designs LLC or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of MSW Interactive Designs LLC and protected by U.S. and international copyright laws. All software used on this website is the property of MSW Interactive Designs LLC or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.

Copyright Infringement
MSW Interactive Designs LLC respects the intellectual property rights of others. Accordingly, MSW Interactive Designs LLC has a policy of terminating in appropriate circumstances the account of any MSW Interactive Designs LLC user who repeatedly posts infringing material on the MSW Interactive Designs LLC site.

Pursuant to Title 17 of the United States Code, Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), MSW Interactive Designs LLC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the Act. If you believe your copyright is being infringed by a MSW Interactive Designs LLC user, please fill out a Notice of Infringement Form and fax it to the following MSW Interactive Designs LLC agent for notice of claims of copyright infringement:

Sandra Waggett
MSW Interactive Designs LLC
63 Blackfoot Rd
Lake Ozark, MO 65049
Tel: (877) 211-5492
Fax: (866) 515-9385
Email: sandy@mswinteractivedesigns.com

The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. § 512(c)(3)(A), which provides:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide MSW Interactive Designs LLC with a Notice of Infringement Form each time you wish to report alleged acts of infringement.

Our Address
MSW Interactive Designs LLC
763 Blackfoot Rd.
Lake Ozark, MO 65049
http://www.MSWInteractiveDesigns.com



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