TERMS AND CONDITIONS
(Effective June 1, 2009)
1.
INTRODUCTION AND ACCEPTANCE
Welcome to MyPatioDesign.com (“Website”), an interactive online servic. (“MPD,” "us," "we," or "our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
In addition to these Terms and Conditions, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: <<Privacy Policy>> and is incorporated by reference into these Terms and Conditions. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
2.
INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, designs, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
3.
WEBSITE ACCESS AND USE
(A)
Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both at no charge or for a fee (e.g., if you purchase a design). In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
(B)
Furthermore, except as expressly permitted in these Terms and Conditions, you may not:
(i)
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights 






notice on the Website or Website Content;
(ii)
circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
(iii)
knowingly send or upload any data or material that contains computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code;
(iv)
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(v)
collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
(vi)
solicit other users to join or become members of any other commercial online service or other organization, or to facilitate the sending of any unsolicited advertising;
(vii)
attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(viii)
decompile, reverse engineer, or disassemble any portion of any the Website;
(ix)
use network-monitoring software to determine architecture of or extract usage data from the Website;
(x)
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 4(B)) without permission, etc.);
(xi)
violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xii)
engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
(C)
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms and Conditions.