Terms of Use

This web site is operated by 2Modern.

Your use of this Web Site is governed by these terms and conditions. Please review these terms and conditions. Your use of the 2Modern Web Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the 2Modern Web Site.

Terminology
The following terms have the following meanings: "You" "your" and "user" refer to all individuals accessing this site. "We," "us" and "our" refer to 2Modern.

These Terms and Conditions May Change
2Modern reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the 2Modern Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.

Copyrights
This Site and the materials within it are Coyright 2003-2008 2Modern, a Carve Media, Inc. company. Viewing this Site creates a copy of 2Modern.com materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

Notification of Copyright Infringement
2Modern will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in away that constitutes copyright infringement and such infringement is occurring on this site or on sites linked to this site, please provide us with notice containing:

a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed

b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled

c) a description of where the material that you claim is infringing is located on our site

d) information sufficient to permit 2Modern to contact you, such as your physical address, telephone number and e-mail address

e) a statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent or the law

f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

By mail:
2Modern.
35 Miller Ave.
#192
Mill Valley, CA 94941

Use License
2Modern grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to 2Modern that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and 2Modern relating to the sale of products or services to you through this Site, 2Modern will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of 2Modern. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. 2Modern aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 2Modern, 2Modern logo or the other 2Modern formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from 2Modern. 2Modern prohibits use of 2Modern logo as part of a link to or from any site unless establishment of such a link is approved in advance by 2Modern in writing. Fair use of 2Modern Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Links to Third Party Sites
This web site may contain links to web sites owned or operated by parties other than 2Modern. Such links are provided for your reference only. 2Modern does not control outside sites and is not responsible for their content. 2Modern's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does 2Modern's inclusion of the links imply that 2Modern is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

If you decide to access linked third party Web sites, you do so at your own risk.

Liability for Third-Party Content
This site provides access to third party content. You understand and agree that we're only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity.

The 2Modern Design Directory provides a directory of professionals to advertise their services. We do not screen or censor the listings offered and are not involved in the actual transaction between you and any 3^rd party listed on this web site. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web site. As a result, we have no control over the quality, safety or legality of the information provided on this site, the truth or accuracy of the listings, the ability of professionals to provide services or the ability of individuals or business entities to purchase services.

You agree that any agreement between you and any individual or organization be based solely on the terms negotiated by them and you and shall be done at your own risk.

2Modern does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by them. You acknowledge that any reliance on material posted by other users will be at your own risk. 2Modern has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. We expect that you will use caution and common sense when using this site and your account.

If notified by a user of communications which allegedly do not conform to our conditions of use, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication.

Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Web site or the material on it. The use of the 2Modern Design Directory and the material is at your own risk.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Because user authentication on the Internet is difficult, 2Modern cannot and does not confirm that each user is who they claim to be. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this site; we expect that you will use caution and common sense when using it.

Because we cannot be involved in user-to-user dealings or control the behavior of participants of 2Modern in the event that you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Business Dealings
2Modern WILL NOT be responsible, nor held liable for, your correspondence or business dealings with consumers, business entities, Trade Professionals, advertisers or any other individuals or entities found on or through the 2Modern Design Directory website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. These actions are solely between you or your company and other companies or persons. You agree that 2Modern shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the following web sites: http://directory.2modern.com, http://www.2moderndirectory.com, http://moderndesigndirectory.com, http://www.2modern.com, http://2modern.blogs.com, or http://blog.2modern.com. Variations and additions subject to change at the discretion of 2Modern.

Submissions
We welcome your comments regarding the 2Modern Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to 2Modern shall be and remain the exclusive property 2Modern. Your submission of any such Comments shall constitute an assignment to 2Modern of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. 2Modern will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

No Warranties and Exclusion of Liability
2MODERN MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 2MODERN SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. 2MODERN OR CARVE MEDIA, INC. SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER 2MODERN, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

2Modern makes no warranty that

a) the service will meet your requirements

b) the service will be uninterrupted, timely, secure, or error-free

c) the results that may be obtained from the use of the service will be accurate or reliable

d) the quality of any products, services, information, or other Material purchased or obtained by you through the service will meet your expectations

Directory Availability and Liability for Our Server
2Modern Design Directory makes no guarantee as to the availability of its web site or of the products and/or services available on the 2Modern Directory pages or any linked we sites. The opinions and views expressed do not necessarily reflect those of the 2Modern Design Directory.

2Modern Design Directory reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the directory (or any part thereof) with or without notice. You agree that 2Modern Design Directory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the directory.

To be included in the 2Modern Design Directory, it is the sole responsibility of users to read our Privacy Policy, Copyright Terms of Use and all other legal information provided on the web site.

The company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses or other harmful mechanisms. The site and material are provided on an "as is" basis without any warranties of any kind whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous or uninterrupted access to your account and make no warranty as to the operation, functionality, or availability of the site, or that the site or materials or content provided will be error-free, or that defects will be corrected. If your use of 2Modern Directory results in the need for servicing or replacing equipment or data, 2Modern is not responsible for those costs.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Contacting Us
All questions, comments or inquiries may be directed to:

2Modern, Inc.
Attention: Internet Customer Service
35 Miller Ave. #192
Mill Valley, CA 94941

Although 2Modern will in most circumstances be able to receive your correspondence, 2Modern does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.

General
2Modern and Carve Media, Inc. are established businesses in the State of California, USA. You agree that this agreement and your use of this Site are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Francisco, CA, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Web Site and/or this agreement is an issue or a material fact, or (c) in which this Web Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. 2Modern has endeavored to comply with all legal requirements known to it in creating and maintaining this Web Site, but makes no representation that materials on this Web Site are appropriate or available for use in any particular jurisdiction. Use of this Web Site is unauthorized in any jurisdiction where all or any portion of this Web Site may violate any legal requirements and you agree not to access this Web Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

With the prior agreement of 2Modern, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in San Francisco, CA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

You agree that 2Modern may at any time and without notice change the terms, conditions and notices under which this Web Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and 2Modern as a result of this agreement or your use of this Web Site.

2Modern's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of 2Modern's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by 2Modern with respect to such use.

This agreement and terms of sale constitute the entire agreement between you and 2Modern with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 2Modern with respect to this Web Site. No modification of this agreement shall be effective unless it is authored by 2Modern or its affiliates, or unless it is physically signed in ink by a 2Modern officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by 2Modern in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by 2Modern in printed form.