[QUESTIONS: (1) WILL USERS RECEIVE EMAILS FROM SITE? (2) CAN USERS REGISTER/SET UP ACCOUNT ON SITE? (3) ANY OPEN-SOURCE CODE? (4) IS ANY WEBSITE CONTENT/IP LICENSED FROM THIRD PARTIES?]
COPYRIGHTS AND TRADEMARKS
All content available on the Website, including, but not limited to, text, graphics, illustrations, content, designs, icons, logos, photographs, programs, products, technology, software, and all other materials that appear as part of the Website, and the selection, arrangement, compilation, overall design, presentation, “look and feel”, and visual appearance of the Website (collectively, the “Content”) are protected by U.S. and international copyright, trade dress and/or other intellectual property laws and are owned by us, unless and to the extent otherwise expressly attributed to third parties.
The trademarks, logos, slogans, service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of the Company and are protected by U.S. and international trademark laws. All other Trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not by affiliated with, connected to, or sponsored by us.
Except to the extent otherwise provided herein, we expressly reserve all intellectual property rights in the Content and the Trademarks (collectively, the “Website IP”) as it appears on the Website from time to time. No right relating to any Website IP is transferred to any person as a result of their use of this Website. Except as set forth in the limited license below or as required under applicable law, neither the Website IP, nor any other portion of the Website may be used, accessed, reproduced, published, transmitted, distributed, duplicated, copied, sold, resold, modified, displayed, performed, exhibited, used to create derivative works, or exploited in any way in full or in part, for any purpose without our prior written consent.
WEBSITE ACCESS AND LIMITED LICENSE
A limited, revocable, nontransferable, nonexclusive license to visit and use this Website solely for your personal, non-commercial use is granted to you by the Company. Neither this Website, nor any portion thereof, can be modified, downloaded, copied or referenced in any way (except for page caching or as necessary to view content), and you may not utilize linking, framing or the use of framing techniques with respect to the Website (or any aspect thereof), in each case without the express written consent of the Company. You may create a hyperlink to the home page of the Website, provided that the link does not portray either this Website or its products or services in any false, misleading, derogatory, or otherwise offensive manner.
ERRORS AND INACCURACIES
This Website may contain typographical or technical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Website, and we do not warrant or guarantee that such pricing and availability, colors, description of products, or other Content on this Website are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical or technical mistakes, inaccuracies, errors or omissions and to change or update information at any time without prior notice to you.
LINKS TO THIRD-PARTY WEBSITES
The Website may feature hyperlinks to third-party websites for your reference and convenience only. The Company makes no representations or warranties regarding the products or services performed on, or the contents, availability and accuracy of, such third party websites (including their compliance with applicable laws and regulations). Your use of, and access to, such third parties’ websites, products/services, and your correspondence thereon, is at your own risk. We assume no responsibility or liability for the actions, content, products or services of such third party websites. You should carefully review the respective terms and conditions and privacy policies of such third party websites.
NO REPRESENTATIONS OR WARRANTIES
LIMITATIONS ON LIABILITY
YOU HEREBY AGREE THAT THE WEBSITE IS BEING PROVIDED TO YOU STRICTLY ON AN “AS IS, AS AVAILABLE” BASIS AND THAT, UNDER NO CIRCUMSTANCES, SHALL WE BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS FOR LOSS OF USE OR LOST PROFITS; BUSINESS INTERRUPTION; ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE; DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; COMPUTER VIRUSES, SYSTEM FAILURE, SECURITY INTRUSIONS, HARMFUL COMPONENTS, LOSS OF DATA, PROGRAMS OR INFORMATION, OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND EVENTS BEYOND OUR REASONABLE CONTROL, EVEN IF THE WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED ($100).
The permission or limited license granted to you herein by the Company to use or link to this Website shall terminate automatically upon any unauthorized use by you, at any time without prior notice.
© 2013 DJL Lalique. ALL RIGHTS RESERVED.