TERMS OF USE

for ideamagnet.net — last updated: Nov. 15th 2016.

Section I: Using the Site

Please read these Terms of Use carefully as your use and or access of ideamagnet.net (herein referred to as the "Site") indicates your acceptance of the terms contained herein.

By accessing or using the Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that ideaMagnet ("THE COMPANY") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. Violations may result in fines and or expensive litigation, in the which you agree to pay all attorney's fees, and travel expenses.

THE COMPANY may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, the rules and the guidelines posted on the Site at the time of such use. You agree that it shall be your responsibility to regularly check the "Terms of Use" of the THE COMPANY to view the then-current terms. If you breach any of the Terms of Use, you may be subject to termination or legal action.
This Site, including the blog, was created to display the artwork of Brent Nielson, and to present his opinions regarding design and art in general. Therefore, the Site contents (images, animations, text, etc.) are provided for general information only. It is not intended to constitute advice on which you should rely. You must obtain independent professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Section II: Warranties & Disclaimers

Basically, the site is to be viewed "as is" — we make no warranties and guarantee nothing.

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY THE COMPANY UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:

(i) THE SITE WILL MEET YOUR REQUIREMENTS;

(ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED;

(iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND

(iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.


Section III: Doing Business with THE COMPANY, and Intellectual Property Rights

In a few words, "Play nice. Don't steal our stuff!" You may look, but you may not make copies of my stuff for your own purposes (no matter how noble).

Right to Retain Project Files

If you decide to do business with THE COMPANY, you waive all claim to the source/project files used to create the product. Source/Project files are defined as any stock photo, video, font, graphic, logo, software, software pluggin, etc. that was used in the creation process for a given project. You agree that THE COMPANY shall retain all rights to all source/project files, excepting those directly provided to THE COMPANY by you (such as, if any family, product, or scenic photos/videos were provided by you to be used in making the final product). If you do NOT agree to this then do NOT attempt to do business with THE COMPANY. THE COMPANY shall deliver the final product as either a full resolution JPG, or MP4 video, or a web page (HTML, JavaScript, PHP, and CSS).

Right to Reject Projects

THE COMPANY may reject any project request, which THE COMPANY in its sole discretion determines is or may be false, misleading, deceptive, offensive to the moral standards of the community, may induce a violation of existing law, may result in the creation of new laws or regulations designed to restrict the use of printed and digital media, or which in any way reflects adversely on the character, integrity, or standing of any person or business.

Furthermore, if it becomes apparent—to either THE COMPANY or you—that after three (3) revisions or good-faith attempts at creating the desired product—as per the perviously agreed upon project outline—and no progress has been made, then the project may be cancelled at either party's discretion, and both parties walk away with NO obligation to one another. A notification via email of the intent to cancel shall be all that is required to cancel a project. This will prevent any needless, or endless series of revisions.

Intellectual Property Rights are also protected.

1. All images and other products on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, may be protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in other written communication from THE COMPANY, THE COMPANY does not grant any express or implied permission to copy any Content. Unless otherwise stated on the web site, you agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, distribute, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

2. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by THE COMPANY.
3. Nothing contained herein grants or shall be construed to grant you any rights to use THE COMPANY'S Logo unless expressly conferred by these Terms of Use.
4. You agree that you will not use the afore mentioned Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or THE COMPANY.
5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of THE COMPANY Trademarks or the Trademark rights claimed by THE COMPANY.
6. You agree that you will not use any THE COMPANY Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data.
7. You may not at any time, adopt or use, without THE COMPANY'S prior written consent any word or mark which is similar to or likely to be confused with THE COMPANY's Trademarks.
8. The look and feel of THE COMPANY web site, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of THE COMPANY and may not be copied, imitated or used, in whole or in part, without the prior written consent of THE COMPANY.
9. All other trademarks, product names, and company names or logos used or appearing on the THE COMPANY web site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by THE COMPANY, unless expressly so stated.
10. You may not use an THE COMPANY trademark, logo, Image or other proprietary graphic of THE COMPANY to link to the THE COMPANY web site without the prior written consent of THE COMPANY.
11. You may not frame or hotlink to the THE COMPANY web site or any Image without the prior written consent of THE COMPANY.

INFRINGEMENT CLAIMS
12. If you believe that any Image or other material shown on the web site infringes upon any copyright that you own or control, you may notify THE COMPANY via the CONTACT page.

Section IV: INDEMNIFICATION & GOVERNING LAWS AND JURISDICTION

Basically, you agree not to sue me for any reason—whether real or contrived. If you do try to sue, then the suer must do the suing in my state.

You agree to defend, indemnify and hold harmless THE COMPANY, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the web site, your breach or alleged breach of the Web site Terms of Use or of any representation or warranty contained herein, your unauthorized use of the products or materials available from THE COMPANY, or your violation of any rights of another.

This agreement is governed by and shall be construed in accordance with the laws of the State of Utah. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, and City of Logan, Utah, and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

Contacting THE COMPANY by registered post:

Attn: Brent Nielson
1320 West 6600 North
Smithfield, Utah
84335

eMail: bnielson(at)ideamagnet dot net

Quote of the day: "Life is tough, but it's tougher if you're stupid." - John Wayne