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Terms of Use
It's important that you read and understand the following terms of use. Other than define what you may and may not do on this site, the terms of use also give West Rim Designs important rights to the content you publish on the site as well as limit our liability towards you.

1. Definitions
"WestRimHosting.com" is the interactive on-line service operated by West Rim Designs on the World Wide Web of the Internet, consisting of information services and content provided by West Rim Designs, affiliates of West Rim Designs, Subscribers of WestRimDesigns.com and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of WestRimDesigns.com.

2. General

(A) This Agreement sets forth the terms and conditions that apply to use of WestRimDesigns.com by Subscriber. By using WestRimDesigns.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use WestRimDesigns.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) West Rim Designs shall have the right with or without notice at any time and without any liability to you to modify, suspend or discontinue any aspect or feature of WestRimDesigns.com, including, but not limited to, function, content, hours of availability, and equipment needed for access or use.

3. Change of Terms

West Rim Designs shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of WestRimDesigns.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WestRimDesigns.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of WestRimDesigns.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of WestRimDesigns.com and all charges related thereto.

5. Subscriber Conduct

(A) Subscriber shall use WestRimDesigns.com for lawful purposes only. Subscriber shall not post or transmit through WestRimDesigns.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, libellous, slanderous, defamatory, invasive of privacy or publicity rights, which includes pornographic material or references to it, vulgar, obscene, racial, hateful, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

(B) Subscriber, without West Rim Designs's express prior approval, shall not use WestRimDesigns.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with WestRimDesigns.com, nor shall Subscriber post or transmit through WestRimDesigns.com any material which contains advertising or any solicitation with respect to products or services. The promotion or advetisement of or solicitaion to buy Subscriber's own copyrighted material which is displayed on WestRimDesigns.com and such that it is not in violation of any provisions set forth by this Agreement shall constitute the only exception to this rule.

(C) WestRimDesigns.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WestRimDesigns.com are copyrighted as a collective work under the United States copyright laws. West Rim Designs owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, in which Subscriber does not explicitly own a copyright. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of West Rim Designs and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(D) Subscriber shall not upload, post or otherwise make available on WestRimDesigns.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of WestRimDesigns.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted West Rim Designs the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants West Rim Designs the right to edit, copy, publish and distribute any material made available on WestRimDesigns.com by Subscriber.

(E) Subscriber shall not, nor assist any person in any attempt to, copy, reproduce, modify, translate, adapt, edit, decipher, decompile, disassemble or reverse engineer any software comprising or relating to WestRimDesigns.com. Subscriber shall not engage, nor assist any person, in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, WestRimDesigns.com, including, without limitation, the use of any virus, worm, trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with WestRimDesigns.com.

(F) The foregoing provisions of Section 5 are for the benefit of West Rim Designs, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF WestRimDesigns.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER West Rim Designs, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WestRimDesigns.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WestRimDesigns.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WestRimDesigns.com.

(B) WestRimDesigns.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT West Rim Designs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL West Rim Designs, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WestRimDesigns.com OR THE WestRimDesigns.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WestRimDesigns.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WestRimDesigns.com.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, West Rim Designs, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WestRimDesigns.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, West Rim Designs, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring

West Rim Designs shall have the right, but not the obligation, to monitor the content of WestRimDesigns.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by West Rim Designs and to satisfy any law, regulation or authorized government request. West Rim Designs shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WestRimDesigns.com. Without limiting the foregoing, West Rim Designs shall have the right to remove any material that West Rim Designs, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification

Subscriber agrees to defend, indemnify and hold harmless West Rim Designs, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of WestRimDesigns.com by Subscriber or Subscriber's Account.

9. Termination

Either West Rim Designs or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, West Rim Designs shall have the right (but not the obligation) to immediately and without notice delete or deactivate Subscriber's Account, block Subscriber's email or IP address, or otherwise terminate Subscriber's access to or use of WestRimDesigns.com, in the event of any conduct by Subscriber which West Rim Designs, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. West Rim Designs shall not be liable to Subscriber or any third-party for any termination of Subscriber's access to WestRimDesigns.com, nor will West Rim Designs refund Subscriber for any unused portion of the subscription period. Subscriber shall not to attempt to use WestRimDesigns.com after said termination. The provisions of Sections 5(C), 5(D), 5(E), 5(F), 6, 8, 9, 10, 11, 12 and 15 shall survive termination of this Agreement.

10. Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

11. Dealings with Organizations and Individuals

Subscriber's interactions with organizations and/or individuals found on or through WestRimDesigns.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Subscriber and such organizations and/or individuals. West Rim Designs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Subscribers of WestRimDesigns.com, or between Subscribers and any third party, West Rim Designs is under no obligation to become involved. In the event that Subscriber has a dispute with one or more other Subscribers, Subscriber hereby releases West Rim Designs, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If Subscriber is a California resident, Subscriber hereby waives California Civil Code Section 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

12. Trademarks

WestRimDesigns.com, its logos and slogans are trademarks of West Rim Designs. All rights reserved. All other trademarks appearing on WestRimDesigns.com are the property of their respective owners.

13. Third Party Content

West Rim Designs is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, West Rim Designs has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of WestRimDesigns.com, are those of the respective author(s) or distributor(s) and not of West Rim Designs. Neither West Rim Designs nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through WestRimDesigns.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with West Rim Designs. West Rim Designs neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on WestRimDesigns.com by anyone other than authorized West Rim Designs employee spokespersons while acting in their official capacities. Under no circumstances will West Rim Designs be liable for any loss or damage caused by a Subscriber's reliance on information obtained through WestRimDesigns.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through WestRimDesigns.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

In other instances, the content available through WestRimDesigns.com, including content supplied by third parties, may be suited for adults only and may include pictures and materials that some Subscribers may find offensive. This type of content may include but is not limited to nudity, violence or explicit language. Subscriber hereby asserts that Subscriber is over the age of 18, is not offended by such material, and that it is legal to view such material in Subscriber's community, town, city, state or country. Subscriber takes full responsibility for his actions and removes West Rim Designs and its agents from all liability.

14. Linked Sites and Advertising

In establishing hypertext links to WestRimDesigns.com, Subscriber must not represent in any way, expressly or by implication, that Subscriber has received the endorsement, sponsorship or support of WestRimDesigns.com or West Rim Designs, including its respective employees, agents, directors, officers and shareholders.

If West Rim Designs has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that West Rim Designs is connected with, operates or controls these websites. West Rim Designs makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

West Rim Designs is not responsible for the content or practices of third party websites that may be linked to WestRimDesigns.com. WestRimDesigns.com may also be linked to other websites operated by companies affiliated or connected with West Rim Designs. When visiting other websites, however, Subscriber should refer to each such website's individual "Terms of Use" and not rely on this Agreement.

West Rim Designs takes no responsibility for third party advertisements which are posted on WestRimDesigns.com, nor does it take any responsibility for the goods or services provided by its advertisers.

15. Privacy and Information Disclosure

Subscriber's use of WestRimDesigns.com signifies acknowledgement of and agreement to West Rim Designs's Privacy Policy. Subscriber further acknowledges and agrees that West Rim Designs may, in its sole discretion, preserve or disclose any of the Subscriber's content, as well as Subscriber's information, such as email addresses, IP addresses, timestamps, and other such information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of WestRimDesigns.com, its Subscribers or the general public.

16. Miscellaneous

This Agreement and any operating rules for WestRimDesigns.com established by West Rim Designs constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

17. Copyrights and Copyright Agent

West Rim Designs respects the rights of all copyright holders and in this regard, West Rim Designs has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide West Rim Designs's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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; and
6. 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.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
West Rim Designs
2611 Eisenhauer Rd Suite #1303
San Antonio, TX 78209
USA