("Website"), User agrees to the terms and conditions of use set forth in this Agreement. User's continued use of the Website indicates User's willingness to be legally bound by the terms and conditions of this Agreement as set forth below.
1. Covenant to Read Agreement User acknowledges that User has read the terms and conditions of use and accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. If User does not agree to these terms and conditions of use, User may not access or otherwise use the Website.
2. Company's Control Over Website (a) Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided under Section 4, Privacy, may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Without limiting the foregoing, Company has the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
(b) Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
(c) Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
(d) The posting of poems or other works of art (collectively, the "Artwork") on the Website is subject to the prior approval of Company. Company has the right, in its sole discretion, to use and post User's name in connection with any Artwork submitted by User. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the Artwork.
(e) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
(f) Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.
(g) Company may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
3. Intellectual Property Rights (a) The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. Moodswings Inc. and firstname.lastname@example.org's logos, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
(b) All materials contained within the Website (the "Content") are protected by copyright, and are owned or controlled by Company or the party credited as the provider thereof. User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
(c) User may download and make copies of the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than User's personal, noncommercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content's copyright notice.
(d) By posting messages and Artwork, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, User hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, subject to Section 4, Privacy, in all media now known or hereafter developed.
(e) User hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
5. User's Covenants User represents, warrants and covenants (a) that User shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which:
(i) restrict or inhibit any other user from using and enjoying the Website,
(ii) are unlawful, threatening,
harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,
(iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights,
(v) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,
(vi) contain any information, software or other material of a commercial nature,
(vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of origin or statements of fact; and,
(b) User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not disclose to or share User's account number or password with any third parties (except for a parent or legal guardian) or use the password for any unauthorized purposes.
(b) User acknowledges that transmissions to and from this Website are not confidential and that User's Communications may be read or intercepted by others.
(c) User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or other material contained in the Website or any of its links shall be at User's own risk.
(d) User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.
7. Disclaimers (a) The Website contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
(b) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
(c) Company is not an author or editor of materials posted to the Website by users, and Company is not responsible for any such materials posted thereby.
(d) Company disclaims any and all responsibility for content contained in any third party materials provided through links on the Website.
(e) Company's sole responsibility and liability for goods and services offered through the Website, whether offered by the Company or third parties, is to redeem the purchase price.
8. Disclaimer of Warranty THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND /OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE WEBSITE CONTAINS LINKS AND POINTERS TO OTHER WORLD WIDE WEB INTERNET SITES, RESOURCES AND SPONSORS OF THE WEB SITE. LINKS TO AND FROM THE WEBSITE TO OTHER THIRD PARTY SITES, MAINTAINED BY THIRD PARTIES, DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
9. Limitation of Liability THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification (a) User agrees to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorney's fees) arising from User's use of the Website, User's violation of the terms of the Agreement or User's infringement, or infringement by any other user of User's account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Company's successors, assigns and licensees.
(b) User covenants to cooperate fully in the defense of any claim.
(c) Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the Company.
11. Notices Except as explicitly stated otherwise, any notices shall be given via certified mail to Corporate Council, Moodswings Inc PO Box 287 Maple Valley, WA 98038 (in the case of Company) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given upon receipt of certified mail or 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
12. Term; Termination The term of this Agreement shall commence when the User first visits the Website and shall apply to all of User's subsequent visits. The Company may, with or without cause, immediately terminate this Agreement, and deny User access to the Website. Without limiting the foregoing, Company has the right to immediately terminate any passwords or accounts created by User in the event that User breaches this agreement or engages in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, User will no longer be authorized to access the contents of the Website. In the event of termination, the restrictions imposed on User with respect to material downloaded from the Website, the disclaimers and limitations of liabilities and indemnification set forth in this Agreement, shall survive.
13. Breach Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's membership, or any other information User placed on the Website if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the User's Agreement shall be in the state or federal courts located in the Eastern District of Pennsylvania.
15. Colors We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, since the actual color you see will depend on your monitor, we can not guarantee that your monitor's display of any color will be accurate.
16. Product Information and Pricing Many products displayed on this Website may also be available in select Moodswings Inc stores throughout the United States while supplies last. In some cases, merchandise displayed for sale on this Website will not be available in Moodswings Inc stores. The prices displayed at the Website are subject to change, at any time, at Company's sole discretion. Prices are quoted in U.S. Dollars and are valid and effective only in the United States. While merchandise offered on this Website is generally priced the same as the merchandise offered at our stores, occasionally, there may be promotional activity and special pricing that may cause price differences. Such promotional activity or special pricing offered at our stores does not necessarily apply to merchandise sold on this Website, likewise, promotional activity and special pricing available on this Website may or may not be available in our stores. Moodswings Inc or email@example.com reserves the right to refuse to make a sale in its sole discretion.
17. Miscellaneous This Agreement constitutes the entire understanding between Company and User with respect to User's use of the Website. Any cause of action User may have with respect to the use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. User may not assign this Agreement.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
COPYRIGHT NOTICE: All content included on this site is property of Moodswings Inc., and is protected by United States and International copyright laws. This includes but shall not be limited to photos, text, portions of text and graphics. We do allow the use of a link to our home page which is http://www.moodswingsonthenet.com for the purpose of reference and or for promotion.