TAC & PP
Pertaining to CubeCart™ skins

Bold information is copied from the bottom, this is the most important information on this page:
16 OWNERSHIP & TERMS OF USE

Title, ownership rights, and intellectual property rights in the Software shall remain with Grassmeyer Design. Copyright laws and treaties of the United States of America protect this Software and any issues that may arise over this will be dealt with in the courts of the USA. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law.
16.1 All graphics and coding and other components of our skins and mods are owned by Grassmeyer Design, purchasing the skins or mods does not give you ownership to the software or it's components.
16.2 The purchased mod/skin may be downloaded onto one machine.
16.3 You may make one backup copy.
16.4 You may not redistribute our skins or mods in any way. This includes altering and then reselling the altered skin. This also includes upgrading a v3 skin to v4, upgrading our skin(s) does not give you permission to sell or redistibute in any way.
16.5 You may not implement our skins on more than a total of 1 CubeCart site.
16.6 Grassmeyer design reserves the right to charge any individual or company for skins/mods used on more than 1 CubeCart site. At the current rate the skins/mod are being sold on our site.
16.7 Grassmeyer Design reserves the right to seek legal action against any individual or company reditributing our products, either mods or skins, for profit or for free.
16.8 "Custom Skins" designed by Grassmeyer Design and then sold to the customer: Grassmeyer Design transfers the rights herein to the purchaser of the "Custom Skin"-- "color changes" and "upgrades" "customizations" are not included in the definition of a "Custom Skin."

OUR COMMITMENT TO PRIVACY

Thank you for visiting the Grassmeyer Design website.

Protecting consumer privacy is very important to us. Our Online Privacy Statement is available to inform you about our collection and use of personal information so that you can make informed choices about how your own information is collected and used. This Online Privacy Statement reflects the Grassmeyer Design policies covering personal information collected at this website on or after the effective date shown above.

We believe that information used responsibly benefits consumers and the economy, whether it is information we house on behalf of consumers conducting transactions or information we collect on behalf of our business clients. For example, we use consumer information every day to ensure fast and accurate processing of hundreds of thousands of money transfers. In addition, Grassmeyer Design strives to better serve our customers by offering goods and services that we believe fit their needs and interests. When identifying an opportunity, Grassmeyer Design may use consumer information it has collected in an effort to identify consumers who may be interested in that opportunity. For more than few years, consumers and businesses have relied on Grassmeyer Design for safe and reliable service. The relationships we have developed through the years have been established based on mutual trust. Each day we and employees and agents strive to reinforce our commitment to our clients and consumers. Central to that commitment is ensuring that we abide by a set of privacy policies, which are outlined below. These policies guide us in the collection and use of information as well as employee responsibilities in protecting your privacy. We use personal information about consumers only in a manner consistent with these policies.

COLLECTION OF INFORMATION

Grassmeyer Design collects personal information in order to offer or provide goods and services to consumers and our customers. We may obtain this information from a variety of sources:

· Directly from customer applications, questionnaires and other materials submitted to us by customers;
· From transactions in which GrassmeyerDesign and consumers are involved;
· From clickthru activity on our web sites; and
· From a variety of third-party sources, such as our business customers, government repositories, consumer reporting agencies and other financial institutions.

DISCLOSURE OF INFORMATION

Grassmeyer Design does not disclose customer information to third parties without first giving customers an opportunity to opt-out of certain kinds of disclosures. There are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud.

Finally, Grassmeyer Design may disclose information about former customers to third parties and companies with which Grassmeyer Design is affiliated, as well as unaffiliated third parties. Those disclosures may consist of the following:

· Financial background information describing a customer's financial status;
· Identification information, such as name and address data;
· Transaction information, such as account activity, debit activity or credit activity; and
· Other information relating to financial matters.

RECIPIENTS OF INFORMATION

Grassmeyer Design may disclose consumer information to companies affiliated with Grassmeyer Design and to companies or other parties not affiliated with Grassmeyer Design (subject to consumers' opt-out rights)

These recipients include:

· Financial institutions, such as banks, credit card companies and brokerage houses;
· Companies that process transactions or provide other services for us;
· Government agencies;
· In addition, under USA law Scrapshirts is permitted to disclose customer information to certain recipients, like credit reporting.

WE ARE COMMITTED TO PROTECTING THE CONFIDENTIALITY OF PERSONAL CONSUMER INFORMATION.

Grassmeyer Design limits access to personal information to those employees of Grassmeyer Design and its affiliates who need it to fulfill their business responsibilities. Employees must adhere to Grassmeyer Design privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Vendors and other outside contractors we engage are subject to our contractual requirements to ensure that sensitive personal information is safeguarded.

WE USE APPROPRIATE SECURITY SAFEGUARDS.

At Grassmeyer Design, security is a priority. We employ appropriate measures to protect consumer information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. Grassmeyer Design continually reviews and enhances its security systems, as necessary.

WE MAINTAIN PROCEDURES TO ASSURE THE QUALITY OF INFORMATION WE COLLECT AND WHERE APPLICABLE, WE WILL INFORM CONSUMERS ABOUT HOW THEY CAN ACCESS THEIR PERSONAL INFORMATION AND MAKE CORRECTIONS, IF NECESSARY.

Grassmeyer Design employs appropriate measures to assure the quality of information we collect directly from consumers. Where Scrapshirts collects information directly from consumers or sources other than our business customers, we permit them, if possible, to dispute or correct any erroneous or out-of-date personally identifiable information. Of course, this correction would not be possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. We reserve the right to independently verify claims made. To protect your privacy and security, we also will take reasonable steps to verify your identity before making corrections. We reserve the right to assess a service charge for providing you any information in connection with your request.

THE Grassmeyer Design WEBSITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13.

Our website is not directed at children under the age of 13 and GrassmeyerDesign does not collect or maintain information at our website from those we actually know are under the age of 13.

WEBSITE MAY BE LINKED TO OTHER WEBSITES

Grassmeyer Design may create links to third party websites. Grassmeyer Design is not responsible for the content or privacy practices employed by websites that are linked from our website.

OPT OUT RIGHT Grassmeyer Design may disclose consumer information to third parties as described earlier in this notice. Many of these disclosures are beneficial to consumers because they permit goods and services of interest to consumers to be offered to consumers at attractive rates. We strive to give consumers choices about how their data will be used. You have the right to opt-out of (direct us not to make) these disclosures when the consumer information is about you. Of course, there are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud. When you use this service, you will be asked whether you wish to opt out. If you wish to opt out, simply check the appropriate box and submit your choice.

If you have any questions or indeed comments about our Online Privacy Statement,or for some reason believe we have not adhered to our statement, please contact:

E-mail Grassmeyer Design Protection Officer: grassmeyer@wiredks.com

We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. Grassmeyer Design reserves the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time.

Welcome to the Grassmeyer Design terms and conditions, which apply to your use of the Grassmeyer Design Website. By accessing this Website, you agree to be bound by them.

DEFINITIONS

"Conditions" means these terms and conditions: "Personal Information" means any personal details provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or individually, as the context requires; "We/us/our" means Scrapshirts, "Website" means the website located at http://www.grassmeyerdesign.com or any subsequent URL which may replace it; and "You/your" means you as a user of the Website.

1 ACCESS

We will provide you with access to the Website in accordance with these Conditions.

2 YOUR OBLIGATIONS

2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

3 INDEMNITY

3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

4 OUR RIGHTS

4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4.3 We own the rights to all of our products that are being sold on the Website.

5 THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6 MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

7 YOUR DATA

7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.

8 INTELLECTUAL PROPERTY AND RIGHT TO USE

8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright, Scrapshirts, 2003. All rights reserved.

9. NOTICES

9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to 2104 Pine Harper, KS 67058;
9.1.2 by email to grassmeyer@wiredks.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.

10. LIMITATION OF LIABILITY

10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. 10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under USA law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

11 SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

12 WAIVER

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

13 SURVIVAL

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

14 ENTIRE AGREEMENT

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

15 LAW

The Conditions will be exclusively governed by and construed in accordance with the laws of USA whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

16 OWNERSHIP & TERMS OF USE

Title, ownership rights, and intellectual property rights in the Software shall remain with Grassmeyer Design. Copyright laws and treaties of the United States of America protect this Software and any issues that may arise over this will be dealt with in the courts of the USA. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law.
16.1 All graphics and coding and other components of our skins and mods are owned by Grassmeyer Design, purchasing the skins or mods does not give you ownership to the software or it's components.
16.2 The purchased mod/skin may be downloaded onto one machine.
16.3 You may make one backup copy.
16.4 You may not redistribute our skins or mods in any way. This includes altering and then reselling the altered skin.
16.5 You may not implement our skins on more than a total of 2 CubeCart sites.
16.6 Grassmeyer design reserves the right to charge any individual or company for skins/mods used on more than a total of 3 CubeCart sites. At the current rate the skins/mod are being sold on our site.
16.7 Grassmeyer Design reserves the right to seek legal action against any individual or company reditributing our products, either mods or skins, for profit or for free.
16.8 "Custom Skins" designed by Grassmeyer Design and then sold to the customer: Grassmeyer Design transfers the rights herein to the purchaser of the "Custom Skin"-- "color changes" and "upgrades" are not included in the definition of a "Custom Skin."