Terms of Service

Terms Of Service And Notices

Revised December 2011

The Holm Custom Creations web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our web site constitutes your agreement to all such terms, conditions, and notices.

General Terms Regarding Use and Storage

You agree that Holm Custom Creations may establish limits concerning use of any service offered on an Holm Custom Creations Website, including without limitation, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Holm Custom Creations's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

You agree that Holm Custom Creations has no responsibility or liability for the deletion, corruption or failure to store content maintained or transmitted by the service. You acknowledge that Holm Custom Creations reserves the right to delete accounts that are inactive for an extended period of time.

Holm Custom Creations MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Termination/Access Restriction

Holm Custom Creations reserves the right, in its sole discretion, to terminate your access to any or all Holm Custom Creations Services and the related services or any portion thereof at any time, without notice.

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Privacy and Protection of Personal Information

See our Privacy Statement for information relating to the collection and use of your personal information.

Member Account, Password, AND Security

You must complete the subscription process by providing us with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify Holm Custom Creations immediately of any unauthorized use of your account or any other breach of security. Holm Custom Creations will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Holm Custom Creations or another party due to someone else using your account or password. You may not use the account of anyone else at any time, without the permission of the account holder.

Modification of These Terms of Service

Holm Custom Creations reserves the right to change the terms, conditions, and notices under which the Holm Custom Creations Services are offered, including but not limited to the charges associated with the use of the Holm Custom Creations Services. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Holm Custom Creations Services constitutes your agreement to all such terms, conditions, and notices.

Personal and Non-commercial use Limitation

Unless otherwise specified, the Holm Custom Creations Services are for your personal or 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 Holm Custom Creations Services.

Links to Third Party Sites

The Holm Custom Creations Services may contain links to third party web sites ('Linked Sites'). The Linked Sites are not under the control of Holm Custom Creations and Holm Custom Creations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Holm Custom Creations is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Holm Custom Creations responsible if the Linked Site is not working appropriately. Holm Custom Creations is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Holm Custom Creations of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Holm Custom Creations Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Holm Custom Creations shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of the Holm Custom Creations Services, you will not use the Holm Custom Creations Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Holm Custom Creations Services in any manner that could damage, disable, overburden, or impair any Holm Custom Creations Service(s) (or the network(s) connected to any Holm Custom Creations Service(s)) or interfere with any other party's use and enjoyment of any Holm Custom Creations Service(s). You may not attempt to gain unauthorized access to any Holm Custom Creations Service, other accounts, computer systems or networks connected to any Holm Custom Creations Service, 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 Holm Custom Creations Services.

Use of Services

The Holm Custom Creations Services may contain e-mail services, and/or other message or communication facilities designed to enable you to communicate with others (collectively, 'Interactive Services'). You agree to use the Holm Custom Creations Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Holm Custom Creations Service. By way of example, and not as a limitation, you agree that when using Holm Custom Creations Services, you will not:

Use the Holm Custom Creations Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, threatening, abusive, harassing, vulgar, invasion of another's privacy, hateful, infringing, obscene, indecent or unlawful topic, name, material or information or any material that is racially, ethnically, or otherwise objectionable.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity), patented, trademarked, trade secret, copyright, or other proprietary rights unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer, the property of another, limit the functionality of any computer software, or interrupt and/or disrupt telecommunications equipment.
Download any file posted by another user of a Holm Custom Creations Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Holm Custom Creations Services.
Violate any code of conduct or other guidelines that may be applicable for any particular Holm Custom Creations Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of Holm Custom Creations Service(s) or other user or usage information or any portion thereof.
Harm minors in any way.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the use of the Holm Custom Creations website.
Monitor traffic or make search requests in order to accumulate information about individual users.
'Stalk' or otherwise harass another.
Attempt to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with Holm Custom Creations's software in whole or part, transmit or communicate the application over a network.

Holm Custom Creations has no obligation to monitor the Holm Custom Creations Services. However, Holm Custom Creations reserves the right to review materials posted to a Holm Custom Creations Service and to remove any materials in its sole discretion. Holm Custom Creations reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, at Holm Custom Creations's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Holm Custom Creations Service. Holm Custom Creations does not control or endorse the content, messages or information found in any Holm Custom Creations Service and, therefore, Holm Custom Creations specifically disclaims any liability with regard to the Holm Custom Creations Services and any actions resulting from your participation in any Holm Custom Creations Service. Administrators, managers and hosts are not authorized Holm Custom Creations spokespersons, and their views do not necessarily reflect those of Holm Custom Creations.

Materials uploaded to a Holm Custom Creations Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Holm Custom Creations respects copyright and other laws. Holm Custom Creations requires all its users to comply with copyright and other laws. Holm Custom Creations does not, by the supply of tools and utilities on its website, authorize you to infringe the copyright or other rights of third parties.

As a condition to use the Software, you agree that you will not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.

Materials Provided to Holm Custom Creations or Posted at any Holm Custom Creations Web Site

Holm Custom Creations does not claim ownership of the materials you provide to Holm Custom Creations (including feedback and suggestions) or post, upload, input or submit to any Holm Custom Creations Service or its associated services for review by the general public (each a 'Submission' and collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Holm Custom Creations, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, transmit, edit, delete and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Holm Custom Creations is under no obligation to post or use any Submission you may provide and Holm Custom Creations may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software and Content Available Through the Holm Custom Creations Services

All content and software (if any) that is made available to view and/or download in connection with the Holm Custom Creations Services, excluding content and/or software that may be made available by end-users through a Holm Custom Creations Service, ('Software') is owned by and is the copyrighted work of Holm Custom Creations Company and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('License Agreement'). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Holm Custom Creations Company hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Holm Custom Creations Service in accordance with these Terms of Service, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Holm Custom Creations SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Holm Custom Creations SERVICES AND TO THE INFORMATION THEREIN. Holm Custom Creations AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Holm Custom Creations SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Holm Custom Creations SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Holm Custom Creations AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Holm Custom Creations SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. Holm Custom Creations AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT Holm Custom Creations SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A Holm Custom Creations SERVICE. YOU SPECIFICALLY AGREE THAT Holm Custom Creations IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Holm Custom Creations IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A Holm Custom Creations SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL Holm Custom Creations AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Holm Custom Creations SERVICES, WITH THE DELAY OR INABILITY TO USE THE Holm Custom Creations SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Holm Custom Creations SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Holm Custom Creations SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Holm Custom Creations OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Holm Custom Creations SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Holm Custom Creations SERVICES.

Venue

This agreement is governed by the laws of the State of Mississippi, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Rankin County, Mississippi, U.S.A. in all disputes arising out of or relating to the use of the Holm Custom Creations Services. Use of the Holm Custom Creations Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Holm Custom Creations as a result of this agreement or use of the Holm Custom Creations Services. You agree to indemnify and hold Holm Custom Creations, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Holm Custom Creations Services.

Holm Custom Creations's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Holm Custom Creations's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Holm Custom Creations Services or information provided to or gathered by Holm Custom Creations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Holm Custom Creations with respect to the Holm Custom Creations Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Holm Custom Creations with respect to the Holm Custom Creations Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Trademarks

Holm Custom Creations, and/or other Holm Custom Creations products referenced herein are either trademarks or registered trademarks of Holm Custom Creations. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.