428 Designs

Terms of Use

1. Acceptance of Terms of Use
428 Designs, Inc. ("428 Designs") provides this website to you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively "You"), subject to these Terms. These Terms are entered into by and between 428 Designs and You, and You accept them by using this website in any manner.

2. Non-commercial Use Only
This 428 Designs website, or any other publicly accessed site maintained by 428 Designs' Web server linked to these Terms ("Sites") includes without limitation all information, documents, communications, files, text, white papers, methodologies, studies, video files, audio files, software code, photographs, graphics, processes, technologies or other materials available through the Website (collectively, "Materials"). 428 Designs hereby authorizes You to view, print, copy and distribute information published by 428 Designs on the Sites, provided that provided that: (i) the information may be used internally (by You or any third party to whom You distribute it) only for informational purposes; (ii) no fee may be charged for distribution of any information to any third party; and (iii) any and all copyright or other proprietary notices that appear on the Sites or any 428 Designs Web page, together with these Terms, must appear on all copies that You make or distribute.

3. Intellectual Property Rights
The Materials published on the Sites, as well as their selection and arrangements are protected by copyrights, trademark and/or other intellectual property laws, and any unauthorized use of the Materials at the Sites may violate such laws and the Terms. Except as expressly provided herein 428 Designs does not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, transit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Sites, Materials or their selection and arrangement except as expressly authorized by 428 Designs.

4. Trademark Notices
428 Designs and 428 Designs logo are trade names, trademarks, and service marks of 428 Designs. All other trade names, trademarks, logos or service marks mentioned herein are property of to their respective owners.

5. Warranties and Disclaimers
All Materials provided via the Sites are intended for informational purposes only and are subject to change or withdrawal by 428 Designs at any time without notice. 428 Designs assumes no responsibility for the accuracy or completeness of the Materials. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You. IN NO EVENT WILL 428 Designs BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE MATERIALS OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF 428 Designs IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Feedback
Unless expressly provided otherwise by 428 Designs, all comments, feedback, information or materials (collectively "Feedback") submitted to 428 Designs through or in association with the Sites shall be considered non-confidential and 428 Designs property. By submitting Feedback to 428 Designs, You that 428 Designs is free to use, reproduce, license or otherwise distribute and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

7. Third Party Websites
The Sites may contain hyperlinks to other Websites controlled by parties other than 428 Designs. 428 Designs is not responsible for and does not make any representations whatsoever about any of these Websites.

8. General
428 Designs controls the Sites from its offices in San Diego, California, United States of America. You agree that any legal action, proceeding or other matters relating to Your access to or use of the Materials or the Sites shall be governed by U.S. federal law or the laws of the State of California. In the event of any legal action arising hereunder, You also agree to submit the jurisdiction and venue of any federal or state courts in the San Diego area.

You may not access, download, use or export the Materials in violation of U.S. export laws or regulations or in violation of any applicable local laws or regulations.

If You have any questions concerning legal or other matters described above, contact 428 Designs at info@428designs.com for legal matters or call 619-284-4428.