Terms of Use

1. About the Terms of Use Generally.

These terms of use (“Terms of Use”) constitute a legally binding agreement between Christopher Megowan Design (“we” or “us”) and you, and govern the rights and obligations applicable to your use of Christopher Megowan Design’s websites and mobile websites (the “Christopher Megowan Design”), as well as the apps, tools, content, functions and features thereon (collectively, the “Content”).

By using or attempting to use our Christopher Megowan Design, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use, whether in whole or in part, the Christopher Megowan Design.

Below is a short summary of some significant terms that are included in these Terms of Use. You should always read the these Terms of Use in their entirety since they represent the terms of a binding agreement to which you are a party, but we thought it might be helpful to bring several key points to your attention right away:

  • You are granted a non-exclusive, non-transferable limited license to use the Christopher Megowan Design, subject to these Terms of Use.
  • To access certain tools, features or functions contained within the Content, you may be required to establish an account.
  • We may make periodic updates to the Christopher Megowan Design at any time and from time to time with or without notice to you.
  • The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.
  • You must be at least 18 years of age to accept these Terms of Use and to use our Christopher Megowan Design.
  • By using the Christopher Megowan Design in any manner, you consent to the collection, processing and use of all information that we may collect from you, all of which is collected and handled pursuant to the terms of our Privacy Policy. A copy of the Privacy Policy is located at http://www.christophermegowandesign.com/legal/.
  • You understand that you may encounter Content on the Christopher Megowan Design that you may find objectionable.
  • Any User Content (as defined in Section 9 below) that you submit and/or contribute to Christopher Megowan Design may be used by Christopher Megowan Design under a royalty-free, non-exclusive, worldwide and perpetual license
  • We may modify these Terms of Use and may change (e.g., add to, remove or modify) all or any part of these Terms of Use at any time, and although we will post a notice whenever we make a material change, you are responsible for checking these Terms of Use periodically to be sure you are aware of the terms and conditions that apply to you at any time.
  • No information presented throughout any of the Christopher Megowan Design is intended to be construed as, or a substitute for, professional advice. The information presented throughout the Christopher Megowan Design is for general informational purposes only, and is not to be taken as medical advice or treatment information.
  • Your use of any portion of the Christopher Megowan Design and/or your reliance on any of the information contained therein is at your own risk.
  • Christopher Megowan Design disclaims, to the fullest extent permissible by law, all representations and warranties regarding the Christopher Megowan Design as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.

2. License; Reservation of Rights.

By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Christopher Megowan Design solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.

We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the Christopher Megowan Design, and you expressly agree that your use of the Christopher Megowan Design is solely at your own risk. You agree that you will only use the Christopher Megowan Design for non-commercial personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title or interest in the Christopher Megowan Design, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the Christopher Megowan Design may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the Christopher Megowan Design, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.

3. Additional Restrictions.

Your use of the Christopher Megowan Design is also subject to the following restrictions:
You agree to abide by all of the terms and conditions in these Terms of Use. These Terms of Use will be enforced in a non-discriminatory manner to all end users of the Christopher Megowan Design, and may include, for example, required or automated updates and modifications, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

You must be at least 18 years of age to agree to and accept these Terms of Use on your own behalf unless otherwise permitted by us in writing. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of Content available on the Service and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

You may not use the Christopher Megowan Design to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the Christopher Megowan Design in any way.

Because the Christopher Megowan Design include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Christopher Megowan Design. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the Christopher Megowan Design, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.

The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.

You acknowledge and agree that the views expressed on the Christopher Megowan Design do not necessarily reflect the views of Christopher Megowan Design, and Christopher Megowan Design does not support or endorse any content or materials, whether or not edited by Christopher Megowan Design, that is posted or submitted by you or any other user.

4. External Links Disclaimer; Affiliate Partnerships.

The Christopher Megowan Design routinely contain links to external, third party websites. By providing links to other sites, Christopher Megowan Design does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.

Christopher Megowan Design does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to any Christopher Megowan Design assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.

Christopher Megowan Design or its affiliate brands may earn a portion of sales from products that are purchased through our site (for example, by clicking a link in an article).

5. Mobile / Wireless Policy.

In addition to any fees which may be applied for use of any portion of the Christopher Megowan Design that requires payment (e.g., certain subscriptions, product/ service purchases, etc.), your provider’s standard messaging rates apply to our confirmation and to all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
Data obtained from you in connection with any SMS service that we offer may include your cell phone number, your provider’s name, and the date, time, and content of your messages. Subject to the terms and conditions of our Privacy Policy, We may use this information to contact you and to provide the services you request from us.

6. Intellectual Property Rights.

The Christopher Megowan Design contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the Christopher Megowan Design and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the Christopher Megowan Design which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.

Our Christopher Megowan Design are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the Christopher Megowan Design are protected, among other ways, under copyright laws as collective works and/or compilations pursuant to applicable United States, Canadian and foreign laws. You agree to comply with all applicable copyright protection laws in connection with your use of the Christopher Megowan Design. In addition to these Terms of Use, we may take appropriate measures to protect copyright of the Content and the Christopher Megowan Design.

You cannot use any of the trademarks or protected copyright materials found on and within the Christopher Megowan Design, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.

7. Unsolicited Materials; User License

In operating the Christopher Megowan Design, Christopher Megowan Design neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to Christopher Megowan Design  will not be treated as confidential or secret, save certain Transaction Information.

In addition to the foregoing, by communicating with Christopher Megowan Design and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting Christopher Megowan Design a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any Christopher Megowan Design work product. You also warrant that any “moral rights” in posted materials have been waived.

8. Indemnification.

Upon a request by Christopher Megowan Design, you agree to defend, indemnify and hold Christopher Megowan Design, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Christopher Megowan Design, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. Christopher Megowan Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Christopher Megowan Design in asserting any available defense.

9. Remedies.

You agree that any unauthorized use of the Christopher Megowan Design will result in irreparable injury to Christopher Megowan Design, for which money damages would be inadequate. Therefore, in such event, Christopher Megowan Design shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that Christopher Megowan Design may have under separate legal authority.

10. Provisions unenforceable or invalid.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. Assignment.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. Christopher Megowan Design may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us.