Legal and Privacy Notice
Thank you for visiting Spearhead Creative. The Spearhead Creative web site
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 Spearhead Creative
web site By accessing or using this web site, 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 web siteModification
of these Conditions of Use:
Spearhead Creative 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 Spearhead Creative web site Your continued access of this web site
shall be deemed your conclusive acceptance of the modified agreement.
Privacy:
Please review our Privacy Policy, which also governs your visit to
Spearhead Creative, to understand our practices regarding the use and
disclosure of your personal information.
Electronic
Communications:
When you visit Spearhead Creative or send e-mails to us, you are communicating
with us electronically, and thereby you are 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
and Licenses:
The entire contents of this web site, including but not limited to:
Text, graphics, logos, button icons, Flash movies, images, audio clips,
digital downloads, data compilations, and software, are the property of
Spearhead Creative, its content suppliers or it's clients and are protected
by Domestic and International copyright and trademark laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, or distribute
any portion of the web site contents without the prior express written
consent of Spearhead Creative.
You
may print or download portions of the materials from various areas of
this web site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. If you believe any content appearing on our web site constitutes
a copyright infringement of another parties rights, please contact us
immediately at legal@spearheadcreative.com to notify us of this infringement.
Your
submissions of files including, but not limited to: Resumes, e-mail, flash
movies, images, logos, audio loops, and other software hereby constitutes
your agreement to grant Spearhead Creative a non-exclusive, royalty-free,
worldwide, sub-licensable, perpetual license, to reproduce, distribute,
transmit, modify, adapt, sub-license, and publicly display any such submissions.
You also grant Spearhead Creative the right to utilize your name in connection
with all advertising, marketing and promotional materials related thereto.
License
and Web site Access:
Spearhead Creative grants you limited license to access and make personal
use of this web site and not to download (other than for page caching
purposes) or modify it, or any portion of it, except with the express
written consent of Spearhead Creative. This web site or any portion of
this web site may not be reproduced, duplicated, adapted, copied, sold,
resold, transmitted or otherwise exploited for any commercial purpose
without the express written consent of Spearhead Creative. You may not
frame, or use any framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, flash movie, page
layout, or form) of Spearhead Creative without the express written consent
of Spearhead Creative. You may not use META tags or any other "hidden
text" which utilize spearheadcreative.com or any other derivative
of our domain or company name without the express written consent of Spearhead
Creative. You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Spearhead Creative so
long as the link does not portray any false, misleading, derogatory, or
otherwise offensive matter.
It
is further understood and agreed that Spearhead Creative cannot and does
not guarantee or warrant that files made available for downloading through
the Spearhead Creative web site 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 Spearhead Creative
are free from such contaminations.
Disclaimer
of Warranty/Limitation of Liability:
THIS WEB SITE AND RELATED INFORMATION IS PROVIDED BY SPEARHEAD CREATIVE
ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPEARHEAD
CREATIVE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
OF ANY KIND, OR AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPEARHEAD CREATIVE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPEARHEAD
CREATIVE DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT
FROM SPEARHEAD CREATIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SPEARHEAD CREATIVE 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.
SPEARHEAD
CREATIVE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THIS WEB SITE SPEARHEAD CREATIVE ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS
SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH
OTHER INCORRECT INFORMATION, SPEARHEAD CREATIVE SHALL HAVE THE RIGHT TO
REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
IF A PRODUCT OFFERED BY SPEARHEAD CREATIVE IS NOT AS DESCRIBED, YOUR SOLE
REMEDY IS TO RETURN IT TO SPEARHEAD CREATIVE FOR A REFUND. ALL POSTAGE
REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
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 Spearhead Creative and
Spearhead Creative is not responsible for the contents of any linked site
or any link contained in a linked site. Spearhead Creative provides links
to you only as a convenience, and the inclusion of any link does not imply
or constitute an endorsement by Spearhead Creative of the site.
Applicable
Law:
By visiting the Spearhead Creative web site, you agree that the laws
of the state of Texas, 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 Spearhead Creative.
Disputes:
Any dispute relating in any way to your visit or access of the Spearhead
Creative web site or to the products or services you purchase through
the Spearhead Creative web site shall be submitted to binding arbitration
in Harris County, Texas except that, to the extent you have in any manner
violated or threatened to violate Spearhead Creative' intellectual property
rights, Spearhead Creative may seek injunctive or other appropriate relief
in any state or federal court in the state of Texas, and you consent to
exclusive jurisdiction and venue in such courts. 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 Spearhead Creative,
its officers, directors, owners, partners, employees, agents, licensors,
suppliers and any third party information provider to the web site from
and against all losses, expenses, damages and costs, including attorney's
fees, resulting from any violation of these Conditions of Use (including
negligent or wrongful conduct) by you or your use and access of the Spearhead
Creative web site
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:
Spearhead Creative 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. Spearhead Creative 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.
Request
and Address:
Please send notices by care of e-mail to: legal@spearheadcreative.com
(or) by our Mailing Address:
12703-B Cutten Rd.