Terms of Use

ACCEPTANCE OF TERMS.

The services that Italian Masters provides to you are subject to the following Terms of Use ("TOU"). Italian Masters reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

DESCRIPTION OF SERVICES.

Italian Masters provides you with access to a variety of resources, including descriptions of products and services, viewable examples, and estimating tools for projects (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy Statement disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO PHOTOGRAPHS.

All photographs viewable within the Services ("Software") are the copyright protected work of Italian Masters and/or its employees or franchisees.

COPYING OR REPRODUCTION OF ANY PICTURE OR PHOTOGRAPH TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

FOR YOUR CONVENIENCE, ITALIAN MASTERS MAY MAKE AVAILABLE AS PART OF THE SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ITALIAN MASTERS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN OTHER ITALIAN MASTERS PRODUCTS.

NOTICE SPECIFIC TO WEBSITE.

Elements of Italian Masters Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Italian Masters Web site may be copied or retransmitted unless expressly permitted by Italian Masters.

ITALIAN MASTERS AND/OR ITS RESPECTIVE FRANCHISEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ITALIANMASTERS.COM AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ITALIAN MASTERS AND/OR ITS RESPECTIVE FRANCHISEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL ITALIAN MASTERS AND/OR ITS RESPECTIVE FRANCHISEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ITALIAN MASTERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME. NOTICES REGARDING INFORMATION AND GRAPHICS AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL ITALIAN MASTERS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR GRAPHICS AVAILABLE FROM THE SERVICES. NO UNLAWFUL OR PROHIBITED USE.

NO UNLAWFUL USE OF THE SERVICES

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Italian Masters server, or the network(s) connected to any Italian Masters server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Italian Masters server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

COMMENTS AND SUGGESTIONS PROVIDED TO ITALIAN MASTERS.

Italian Masters does not claim ownership of the materials you provide to Italian Masters (including questions, comments, and suggestions). However, by sending comments or suggestions to Italian Masters, you are granting Italian Masters, permission to use your comments and suggestions in connection with the operation of their Internet businesses. No compensation will be paid with respect to the use of your comments, and suggestions as provided herein.

In addition to the warranty and representation set forth above, by providing images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By providing Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, publication of the Images on italianmasters.com, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services.

The licenses granted in the preceding sentences for a Images will terminate 30 days after the date your written request to remove such Images from the Services is received, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you provide the written request to remove such Images. No compensation will be paid with respect to the use of your Images.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Send all such notices to the attention of John G. Fischer, Storm & Hemingway, L.L.P., 8117 Preston Road, Suite 460, Dallas, Texas 75225.

LINKS TO THIRD PARTY SITES.

ANY LINKS THAT MAY BE PROVIDED WILL LET YOU LEAVE THE ITALIANMASTERS.COM SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ITALIAN MASTERS AND ITALIAN MASTERS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ITALIAN MASTERS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IF PROVIDED, ITALIAN MASTERS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ITALIAN MASTERS OF THE SITE.

TRADEMARKS.

ITALIAN MASTERS is a trademark of Italian Masters LLC in the U.S. and/or other countries.

COPYRIGHT NOTICE.

Copyright © 2003 Italian Masters LLC, 1225 W. College, Suite 416, Carrollton, TX 75006 U.S.A. All rights reserved.

Any rights not expressly granted herein are reserved.