| |
 |
|
ONLINE
TERMS OF USE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS")
GOVERN YOUR USE OF THIS SITE LOCATED AT WWW.STAMPSCOLLECTIONART.COM
ON THE WORLD WIDE WEB (THE "SITE") OF STAMPS
COLLECTION ART, AND ARE LEGALLY BINDING ON
YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO
NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION
CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE
DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE
TERMS SET FORTH BELOW.
General Use
Restrictions
All information, documents, products, software and services
provided on this Site, including trademarks, logos,
graphics and images (collectively the "Materials")
are provided to you by Stamps Collection Art.
Stamps Collection
Art grants you the limited right to display
the Materials only on your personal computer, and to
copy and download the Materials displayed on this Site,
provided that: (1) both theStamps Collection
Art copyright notice and the permission notice
set forth in this paragraph appear in the Materials
so displayed, copied or downloaded and (2) such display,
copy or download is solely for your personal or internal
informational use (that is, not distributed or otherwise
transmitted outside of your home or company, or otherwise
broadcast in any media). You acknowledge and agree that
you have no right to modify, edit, alter, distribute,
publicly perform, display or enhance any of the Materials
in any manner. This limited license terminates automatically,
without notice to you, if you breach any of these Terms.
Upon termination of this limited license, you agree
to immediately destroy any downloaded and printed Materials.
Except as stated herein, you acknowledge that you have
no right, title or interest in or to the Materials,
on any legal basis, without the advance written authorization
of Stamps Collection Art.
Third Party
Content
Certain information and content on this Site may be
provided by third parties toStamps Collection
Art (“Third Party Content”). The
Third Party Content is, in each case, the copyrighted
work of the creator/licensor, and may be subject to
the separate and/or additional terms of use and/or privacy
policies of such third parties. Please contact the appropriate
third party for further information regarding such terms.
Stamps Collection Art U DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY
CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS.
No Framing
You agree not to “frame” or “mirror”
any Materials or Third Party Content contained on or
accessible from this Site on any other server or Internet-based
device without the advance written authorization of
Stamps Collection Art or its licensors,
respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence
with, purchase goods and/or services, or participate
in promotions of advertisers or members or sponsors
showing their goods and/or services on or advertised
through the Site. Unless otherwise stated, any such
correspondence, purchase or promotion, including the
delivery of and the payment for goods and/or services,
and any other term, condition, warranty or representation
associated with such correspondence, purchase or promotion,
is solely between you and the applicable third party.
You agree that Stamps Collection Art U
has no liability, obligation or responsibility for any
such correspondence, purchase or promotion between you
and any such third party.
Links to Third
Party Sites
This Site may be linked to other sites on the World
Wide Web or Internet which are not under the control
of or maintained by Stamps Collection Art.
Such links do not constitute an endorsement by Stamps
Collection Artof those sites. You acknowledge
that Stamps Collection Art is providing
these links to you only as a convenience, and further
agree that Stamps Collection Art is
not responsible for the content of such sites. Your
use of other sites is subject to the terms of use and
privacy policies located on the linked sites.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized
users or require you to provide personal information
(“Restricted Areas”). If you are an authorized
user of the Restricted Areas, you agree that you are
entirely responsible for maintaining the confidentiality
of your password or your employees’ passwords
and account information, if any, and agree to notify
Stamps Collection Art if the password
is lost, stolen, disclosed to an unauthorized third
party, or otherwise may have been compromised. You agree
that you are entirely responsible for any and all activities
which occur under your account, including any fees which
may be incurred under your password-protected account,
whether or not you are the individual who undertakes
such activities. You agree to immediately notify Stamps
Collection Art of any unauthorized use of your
account or any other breach of security in relation
to the Site known to you.
Privacy Policy
Your use of the Site it governed by the Stamps
Collection Art Privacy Policy which is available
at the Privacy Policy and incorporated by reference
into these terms.
Unauthorized Activities
You acknowledge that your unauthorized use of any Materials
or Third Party Content contained on this Site may violate
copyright laws, trademark laws, the laws of privacy
and publicity, certain communications statutes and regulations
and other applicable laws and regulations, and agree
that you are wholly responsible for your actions or
the actions of any person using your screen name and/or
password. As such, you agree to hold Stamps
Collection Art entirely harmless from and against
any and all costs, damages, liabilities and expenses
(including attorneys’ fees) incurred by Stamps
Collection Art in relation to, arising from
or for the purpose of avoiding any claim or demand from
a third party that your use of the Site or the use of
the Site by any person using your screen name and/or
password (including without limitation your participation
in any chat rooms) violates any applicable law or regulation,
or the rights of any third party.
Trademarks
All Stamps Collection Art trademarks,
marks, names, service marks and logos are the property
of Stamps Collection Art and their
respective owners.
Copyrights and Copyright Agents
All information and screens appearing on this Site including
documents, products, software and services, graphics,
text elements, Site design, logos, images, and icons,
as well as the selection, assembly, and arrangement
thereof, are the sole property of Stamps Collection
Art Copyright © 2003, unless otherwise
specified. All rights not expressly granted herein are
reserved. Except as otherwise required by applicable
law, any reproduction, distribution, modification, retransmission
or publication of any copyrighted material is strictly
prohibited without the express written consent of the
copyright owner.
Stamps Collection Art RESPECTS THE
INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS
TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN
COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE
THE FOLLOWING INFORMATION TO Stamps Collection
Art COPYRIGHT AGENT:
-
an
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
-
a description
of the copyrighted work that you claim has been infringed;
-
a description
of where the material that you claim is infringing
is located on the site;
your address, telephone number, and email address;
-
a statement
by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner,
its agent, or the law;
(f) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Disclaimer
of Warranty
You acknowledge and agree that this Site may include
certain errors, omissions, outdated information which
may affect the quality of the Materials and the Third
Party Content. You acknowledge that neither the Materials
nor the Third Party Content have been independently
verified or authenticated in whole or in part by Stamps
Collection Art, and agree that Stamps
Collection Art does not warrant the accuracy
or timeliness of the Materials or the Third Party Content,
and further agree that Stamps Collection Art
has no liability for any errors or omissions
in the Materials and the Third Party Content, whether
provided by Stamps Collection Art or
its licensors.
Stamps Collection Art, FOR ITSELF AND
EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES,
OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION,
THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE
EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL
CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS
IS" AND “WHERE-IS” BASIS, AND IS FOR
PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Stamps
Collection Art SHALL NOT BE LIABLE TO YOU OR
A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OR
LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING,
COPYING, OR DOWNLOADING ANY INFORMATION, OR MATERIAL
OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO
EVENT SHALL Stamps Collection Art
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING,
WHETHER FOR BREACH OR IN TORT, EVEN IFStamps
Collection Art HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
The aggregate liability of the Company to you for all
claims arising from the Web Site and/or the use of the
Materials or Products is limited to $50.
Additional Rights
Certain jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental
or consequential damages, so the exclusions set forth
above may not apply to you.
Local Laws
Stamps Collection Art controls and
operates this Site from its headquarters in the United
States of America and makes no representation that the
Materials are appropriate or will be available for use
in other locations. If you use this Site from outside
the United States of America, you are entirely responsible
for compliance with applicable local laws, including
but not limited to the export and import regulations
of other countries in relation to the Materials and
the Third Party Content.
Unless otherwise explicitly stated, all marketing or
promotional materials found on this Site are solely
directed to individuals, companies or other entities
located in the United States.
General
If you violate these Terms, Stamps Collection
Art reserves the right to terminate your ability
to use the Site without notice. In addition, you agree
to terminate your use of the Site upon request. Stamps
Collection Art preferred course of action is
to advise you of your inappropriate behavior and recommend
any necessary corrective action.
You agree that Stamps Collection Art
can revise these Terms at any time without notice by
updating this posting on the Site. You agree that your
continued use of the Site after such modifications have
been made constitutes your acceptance of such revised
Terms.
Any action related to these Terms will be governed by
California law and controlling U.S. federal law, without
regard to the choice or conflicts of law provisions
of any jurisdiction. You agree to submit to the jurisdiction
of the courts located in the State of California, for
the resolution of all disputes arising from or related
to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of
competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, with all other
provisions remaining in full force and effect. The failure
of Stamps Collection Art to enforce
any right or provision in these Terms shall not constitute
a waiver of such right or provision unless acknowledged
and agreed to by Stamps Collection Art
in writing. The Terms comprises the entire agreement
between you and Stamps Collection Art
and supersede all prior or contemporaneous negotiations,
discussions or agreements, if any, between the parties
regarding the subject matter contained herein.
|
| |
|
|