PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THIS WEBSITE AND ON A REGULAR BASIS AFTER YOUR INITIAL USE OF THE WEBSITE.  BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE.

The following represents the terms and conditions of use as may be amended from time to time (“Terms of Use”) governing the use of and access to this Web site, http://www.tihanydesign.com(“Site”), by all visitors to this site (“User” or “You”).  By accessing this Site, User agrees to the following Terms of Use without limitation or qualification.   Use of this Site will be considered evidence of User’s agreement to the terms contained in the Terms of Use below. 

Unless otherwise indicated, this Site and all of its content are the property of Adam D. Tihany International, Ltd., d/b/a Tihany Design (“Tihany Design”).

ACCESS TO THE SITE

Tihany Design may make certain portions of the website available only to Users who register with the Site and request a password.  User agrees to provide accurate information when registering.  User agrees to be responsible for maintaining the confidentially of any password issued and agrees not to transfer use of any password to any other user.  User agrees to notify Tihany Design immediately of any unauthorized use of User’s account, and acknowledges that failure to do so may result in liability.  Tihany Design is under no obligation to provide access to the Site, including restricted areas of the Site, and reserves the right to refuse or revoke User’s access without notice and without reason. 

INTELLECTUAL PROPERTY

Unless otherwise stated, Tihany Design is the owner of any and all registered and unregistered trademarks and/or service marks appearing on the Site; the copyright owner or licensee of the content on the site, including, but not limited to, all photographs, images and text; and owner of all other intellectual property appearing on the Site (collectively “Protected Property”).  All Protected Property is protected by both United States and international law.  Any licensed content appearing on the Site is used with the permission of the licensor who retains all respective intellectual property rights in the licensed content.  Tihany Design does not grant any rights to User in any Protected Property.  Nothing on this Site, including but not limited to photography, may be published, reproduced, copied, modified, uploaded, transmitted, posted, transferred, or distributed without the express written permission of Tihany Design.   To obtain permission to copy any portion of this website, including any Protected Property, please email Marnie Tihany at mtihany@tihanydesign.com, and include a detailed description of the content User wishes to use, how User intends to use the content, and, if applicable, how the content is to be distributed.  Please also include User’s name, title, company, address, email address and phone number.  Tihany Design reserves the right to refuse permission to copy, distribute, or otherwise publish any of its copyrighted, trademarked or otherwise protected material for any or no reason.  Tihany Design will enforce its intellectual property and other rights to the fullest extent permitted by law.

DIGITAL MILLENNIUM COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and require that Users do the same.  If you believe that this Site includes works to which you own the copyright and uses that work, please forward the following information to the Copyright Agent named below:

  1. Your address, telephone number, and e-mail address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Marnie Tihany
Copyright Agent
c/o Tihany Design
135 W. 27thSt., 9thFloor
New York, NY 10001
mtihany@tihanydesign.com.

MODIFICATION OF TERMS OF USE
Tihany Design reserves the right, at its sole discretion, and without notice to User, to change, modify, add, or remove any portion of these Terms of Use at any time.   Any changes to these Terms of Use will be posted on the Site.  Users continued use of the Site after such posting will be considered evidence of User’s acceptance of such change, modification, addition, or deletion.

Tihany Design may impose limits, restrictions, or termination on User’s access to all or part of the Site without notice or liability.   Any rights not expressly granted in these Terms of Use are reserved.

DISCLAIMER OF WARRANTIES

ALL MATERIALS POSTED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.   TIHANY DESIGN DOES NOT WARRANT THAT THE SITE OR THE SERVER IS SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED, AND USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO USER’S USE OF THE SITE.   TIHANY DESIGN DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABLITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIHANY DESIGN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABLITY TO USE, THE SITE OR THE CONTENT OR MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF SALES, LOSS OF PROGRAMS AND/OR LOSS OF DATA, EVEN IF TIHANY DESIGN OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABLITY OF TIHANY DESIGN TO USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USER’S USE OF (OR INABILITY TO USE) THE SITE EXCEED ONE DOLLAR ($1.00).

PRIVACY

User’s use of  Site constitutes User’s consent to Tihany Design’s privacy policy (“Privacy Policy”).  Please refer to the Privacy Policy located at [insert link] for information on how Tihany Design collects, uses, and discloses personal information.

APPLICABLE LAWS AND VENUE

Any dispute shall be governed by the laws of the State of New York, without regard to its conflict of law principles, and User consents to the exclusive jurisdiction of any court located in the County and State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.  If any provision of these Terms of Use is found to be unlawful, void or for any reason or unenforceable, that provision will be deemed severable from the remaining provisions and will not affect the validity and enforceability of the remaining provisions in the Terms of Use.

INDEMNIFICATION

User agrees to indemnify and hold harmless Adam D. Tihany International, Ltd., d/b/a Tihany Design, and its respective officers, directors, employees and agents, from any and all claims or demands (including inter-party claims and reasonable attorney’s fees), arising out of User’s use of the site, User’s unauthorized use of site content, User’s breach or alleged breach of these Terms of Use and/or User’s infringement of any intellectual property rights.

QUESTIONS

Questions or comments about the Site or the Terms of Use may be directed to Tihany Design at mtihany@tihanydesign.comor by calling (212) 366-5544.



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