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Jolly Moon Design POLICIES & TERMS
Public Notice
The contents of the Directory, Advertisements, Banners or Web Presences on or within the Atlanta Links Web Site are of the contributors concerned and do not necessarily reflect the thoughts of Jolly Moon Design. In no way does Atlanta links recommend or endorse any of the advertisers products or services unless stated otherwise. We advise all who use this Directory to use their own powers of discernment and to satisfy themselves of the authenticity of any advertisement before proceeding.
Privacy Policy: ~ We take all Kindred Spirits privacy serious, therefore we do not sell, rent or pass on your details to any third parties.
Please Note: If all fields are filled, they will be displayed publicly.
Therefore, you have the option to place your personal details if you so wish. If you opt to place any of your personal details within the Directory, Advertising, Banner, or Events Sections or any other future sections which Jolly Moon Design may offer, then this will be deemed immediately upon submission by Jolly Moon Design that you are accepting full responsibility for any circumstances, consequences, or actions that may occur as a result of this personal decision.
Terms & Conditions
The following words Jolly Moon Design or Atlanta links in this policy are inclusive to all services provided by Atlanta links and sister company Jolly Moon Design.
The following Terms & Conditions apply to all services provided by Jolly Moon Design and Atlanta Links Web Design.
Jolly Moon Design cannot and does not assume any liability for the correctness or comprehensiveness of the information herein. Jolly Moon Design makes no warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. Under no circumstances shall Jolly Moon Design be liable for lost profits, consequential, incidental, or special damages, or other claims.
Members Notice
Upon Membership and every time you use the services provided by Jolly Moon Design, by doing so you are accepting the practices described in these Terms and Conditions.
All data contained in the database is provided by Jolly Moon Design and is for reference purposes only. Jolly Moon Design does not warranty, express or implied, the completeness or accuracy of data.
By accessing this website you agree that you will use this data contained herein for lawful purposes only and agree not to:
- Allow, enable or otherwise support the unsolicited distribution of commercial advertising by electronic mail, direct mail, facsimile or telephone.
- Compile, collect, aggregate, repackage, sell, barter, distribute or otherwise disseminate the data without the written consent of Jolly Moon Design .
- Unlawfully obtain records or information from Jolly Moon Design Directory, Advertisements or Banners via screen-scraping (the capturing or copying of information displayed on-screen via an automated electronic process) or other automated processes designed to bypass current website functionality.
Directory Listings, Advertisements or Banners
- Free Links
Are only obtainable after the purchase of web design services. The membership will be for the duration of 365 days, starting from the day of Web Design completion, and ending 365 days later. There after that time reciprocal or paid membership will have to be obtained.
- Reciprocal Links:
Are ONLY Free when our link button is displayed on your Websites Home Page. Please make sure Link Button is in place in a top prominent position, it must not be resized and must remain in its original state and not be altered in any way. Failure to do so will null and void membership, and your listing will be removed instantly.
- Jolly Moon Design reserves the right to reject or remove any Directory Listing, Advertisement or Banner submitted, at their sole discretion. If payment has been accepted it may still be refused for the following reasons:
a. It may contain offensive material not picked up by our checking system. b. The proprietors or their representatives may consider the advertisement to be unsuitable and they reserve the right to refuse any listing, advertisement or banner. c. The listing, advertisement or banner may contain claims that go against Advertising Trading Standards.
- In order to maintain the integrity of the Jolly Moon Design Web Site it is important that all members update e.g. change of address, email, phone number etc or remove their listings if they are no longer valid.
- Refunds:
May be made at the discretion of the proprietor within the first 7 days of membership, accompanied by a valid reason for refund request.
No refunds will be made for cancellation of advertisements or banner placements. If removal is requested of the advertisement or banner before the allotted time has been reached, then it will be subject to an administration fee of $30.
- Jolly Moon Design reserves the right to terminate access to Jolly Moon Design Membership Facilities including database at its sole discretion.
- Jolly Moon Design is not in any way responsible for any products sold by individual listing members via their listings. Jolly Moon Design is not responsible for the suitability, functionality and conduct of third party payment gateways, e.g. PayPal, Nochex etc. You agree to indemnify us from responsibility for problems/disruptions caused by payment gateway, server or ISP downtime. We cannot guarantee uninterrupted availability. We take all reasonable steps to keep the service functioning; but in common with all websites published on the internet, the service can become unavailable without warning at any time.
Web Presences, Web Sites & Other Services
Web Presences, Web Sites & Other Services are via our sister site and the following extract of terms and conditions are from Jolly Moon Design contract. This contract will need to be completed and sent along with a deposit before web design creation takes place.
- Services and Products:
a) The service is provided on an -AS IS, AS AVAILABLE- basis. Jolly Moon gives no warranty, expressed or implied, for the Web Design Services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of services by Jolly Moon or its provider, beyond the fees paid by Client to Jolly Moon Design for services.
b) Client will use the Web Design Services in a manner consistent with any and all applicable laws of the United States of America.
c) While Atlanta Links shall make every reasonable effort to protect data stored on Client(s) Server(s), Atlanta Links is not responsible for Client(s) Data, files, or directories residing on Atlanta Links(s) equipment. Client is solely responsible for maintaining data, file, and directory structure backups.
- Payment Terms:
a) 15% of the Design Estimate is due upon signed approval & delivery of Estimate and Contracts. Web Site Design services will not begin until Atlanta Links has received signed and dated contracts. Verbal work orders may be secured by a credit card via PayPal. Deposits are non-refundable. A cancellation within 30 days will result in a credit for future services being issued. Once designed and upon payment of the Final Invoice the Web Site will be uploaded to the World Wide Web (WWW).
b) Atlanta Links reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon an indication of credit problems including delinquent payments.
c) Delinquent payments will be forwarded to a collection agency after a period of 30 days. Accounts with credit card payments on file will be automatically processed if payment is not received within 90 days.
- Trademarks and Copyrights:
a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Atlanta Links the rights to use such trademarks, if any, in connection with Atlanta Links(s) promotion of, referencing of, cataloguing of, or indexing of Atlanta Links(s) Web Design Clients.
b) Client hereby agrees that any material submitted for publication on provider through Clients account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful.
- Hardware, Equipment, and Software:
The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to update or maintain the Web Site Design unless otherwise noted by Client(s) wishes to have Atlanta Links handle all future Web Site services. Atlanta Links makes no representations, warranties, or assurances that Client(s) equipment will be compatible with Atlanta Links(s) Services.
- Age:
The Client certifies that he or she is at least 18 years of age.
- Internet Etiquette:
a) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Atlanta Links is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network Atlanta Links or its customers may utilize.
- Termination:
This agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Atlanta Links may terminate service under this agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.
- Limited Liability:
a) Client expressly agrees that use of Atlanta Links(s) services is at Client(s) sole risk. Atlanta Links, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Atlanta Links(s) Web Design Service will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the Web Design Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Atlanta Links Web Design, unless otherwise expressly stated in this agreement.
b) Client hereby agrees that any material submitted for publication on Atlanta Links through Client(s) account(s) will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server(s). Abusive and unethical materials and uses include, but are not limited to, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless Atlanta Links from any claim resulting from Client(s) publication of material or use of those materials. Atlanta Links may or may not give notice before deactivating the use of an account(s) which Atlanta Links decides is an abusive or unethical use of, or a potentially illegal use of the Web Hosting account(s) or host sever(s). Client hereby agrees to indemnify and hold harmless Atlanta Links in any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall Jolly Moon Design, its offices, agents or anyone else involved in creating, producing or distributing Atlanta Links(s) Web Design Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Atlanta Links(s) services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Atlanta Links(s) records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Jolly Moon(s) Web Design services.
e) Notwithstanding the above, Client(s) exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney(s) fee and court costs.
- Indemnification:
Client agrees that it shall defend, indemnify, save and hold Atlanta Links harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney(s) fees, (Liabilities) asserted against Atlanta Links, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Clients agrees to defend, indemnify and hold harmless Atlanta Links against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Jolly Moon(s) Web Design service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client has sold in the Web Design.
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