1. Alpha Design's Intellectual Property
All rights, title and interest in and to the Website, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), video and other media, designs, animations, interfaces, methods, products, algorithms, data, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Alpha Design.
Under no circumstances may you download, reproduce, modify, sell, or otherwise use in any other way any of the content (Alpha Design Intellectual property) on this website without explicit permission from Alpha Design.
Nothing in the TOU constitutes an assignment or waiver of Alpha Design Intellectual Property rights under any law.
2. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Alpha Design, its officers, directors, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of this website; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) the use or display of any Content posted, emailed, transmitted, or otherwise made available via this website or Alpha Design; (6) events beyond the reasonable control of Alpha Design, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the Website.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for this website to you, and such limitations will apply even if Alpha Design has been advised of the possibility of such liabilities.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Los Angeles, California.
5. Severability & Waivers
If any provision of the TOU is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.