Last updated: June ___, 2013
Privacy and Shopping Policy
If you are not sure that you have all of those rights in any Content you are considering submitting, then please do not submit, post or upload it to the Site.
The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You agree that you, and not the Company (nor its affiliates or any of their officers, directors, managers, members, shareholders, partners, employees, agents, third-party partners, sponsors, advertisers, service providers, advisors, consultants, licensors, licensees or the like), will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. You agree to bear and assume all such liability, and to indemnify, defend and hold harmless the Company, its affiliates and each of their officers, directors, managers, members, shareholders, partners, employees, agents, third-party partners, sponsors, advertisers, service providers, advisors, consultants, licensors and licensees from and against any damages, costs, and attorneys’ fees incurred as a result of your unauthorized submission or distribution of copyrighted or other proprietary Content to or through the Site, or an allegation or claim of such unauthorized submission or distribution. Notwithstanding the foregoing, if an indemnification obligation arises from damages sustained by the parties (as opposed to a third party), then the indemnification obligation shall not include the obligation to defend.
You acknowledge that the Site contains Content that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Site and all Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in any and all original creative works created by it and incorporated into the Site, and in the selection, coordination, arrangement, and enhancement of the Content.
You may not capture, reproduce, perform, transfer, sell, license, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or in any way exploit any of the Content, in whole or in part, except as provided for in the Terms or explicitly permitted in writing by the Company in advance. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your own non-commercial use strictly for your own personal entertainment use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the Terms, or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Communication with the Company
You may link to the Site for non-commercial purposes only, or as otherwise specifically agreed in writing by the Company, provided that you remove any such link upon demand by the Company.
The Site may include links to websites owned or operated by third parties. Such links are provided as a convenience to users. The Company is not responsible for the content of any third party website, any products or services offered by or through any such website or for the practices of its owner or operator, including for websites accessed through advertising on the Site. The Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including any website that the Company deems to be inappropriate or inconsistent with or antithetical to the Site and/or the Terms.
The Site may permit you to make purchases of products through third party websites. The terms associated with your transactions for these services and or products are subject to the terms and conditions and privacy policies of the third party websites. If you have problems or questions regarding such a third party transaction, please contact the applicable website operator directly.
Claims of Infringement
The Company respects the intellectual property rights of others and asks users of the Site to do the same. The United States Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that Content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content infringes your copyright or other interests, please provide the Company’s Copyright Agent with the following information, in writing:
- a description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest or are the authorized agent of the owner;
- a description of where the allegedly infringing Content is located on the Site;
- your address, telephone number and e-mail address;
- your statement that you have a good-faith belief that the use of the identified Content is not authorized by the copyright owner, its agent or by law;
- your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Company a counter-notice. Any counter-notice should be provided to the Company’s Copyright Agent.
The Company’s Copyright Agent for notices of claims of infringement and counter-notices on the Site can be reached as follows:
THE COMPANY CAUTIONS YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY THE COMPANY, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF THE COMPANY’S RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
The Company attempts to ensure that the Content is accurate. However, the Company does not warrant that any Content is accurate, complete or error-free. The Company may modify or discontinue the Site, in whole or in part, at any time and without prior notice.
Warranty Disclaimer and Limitation of Liability
ALL COMPANY PRODUCTS, THIS SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND ALL PRODUCTS PURCHASED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL MATTER. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND YOUR PURCHASE OF PRODUCTS ON OR THROUGH THE SITE ARE AT YOUR SOLE RISK.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE AND/OR YOUR ACCESS TO AND USE OF THE SITE EXCEED $50.00 OR, IN THE CASE OF A PRODUCT PURCHASED, THE PURCHASE PRICE OF SUCH PRODUCT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Access from Outside the United States
The Site is controlled and operated by the Company from New York, New York, U.S.A. The Company makes no representation that any Content is appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws. The Company reserves the right to discontinue the Site or to limit the availability of the Site and/or the provision of any Content, service or product offered on or through the Site to any person, geographic area or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such service or product that it provides.
Contacting the Company