| |
TERMS AND CONDITIONS
Maxwell-Silver, A Unique Bridal & Gift Registry, Inc. ("Maxwell-Silver") provides this site and the services offered on it (collectively, the "Maxwell-Silver System") under the following terms of service and use (the "Terms"); please read them carefully. You understand and agree that the Maxwell-Silver System is provided to you exclusively under these Terms. By using the Maxwell-Silver System or registering to use the services offered, you are stating that you have read and understand the Terms and that you agree to be bound by them. Maxwell-Silver reserves the right to terminate your account at any time for any reason, including if Maxwell-Silver learns that you have provided false or misleading registration information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Maxwell-Silver System and all charges related thereto. You agree not to use the Maxwell-Silver System to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; and (e) interfere with or disrupt the Maxwell-Silver System or servers or networks connected to the Maxwell-Silver System, or disobey any requirements, procedures, policies or regulations of networks connected to the Maxwell-Silver System.
2. MODIFICATIONS TO TERMS
Maxwell-Silver may change the Terms from time to time. Maxwell-Silver may, but shall not be obligated to, notify you of any such changes by posting notice of the changes on the Maxwell-Silver start-up screen. If you object to any such changes, your sole recourse shall be to cease using the Maxwell-Silver System. Continued use of the Maxwell-Silver System following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
3. MODIFICATIONS TO MAXWELL-SILVER SYSTEM
Maxwell-Silver reserves the right to modify or discontinue the Maxwell-Silver System with or without notice to you. Maxwell-Silver shall not be liable to you or any third party should Maxwell-Silver exercise its right to modify or discontinue the Maxwell-Silver System. If you object to any such changes, your sole recourse shall be to cease using the Maxwell-Silver System. Continued use of the Maxwell-Silver System following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Maxwell-Silver System as so modified.
4. PRIVACY
As part of the registration process, you will be asked to provide certain personal information to Maxwell-Silver. All uses of your personal information will be in accordance with the provisions of the Maxwell-Silver Privacy Policy.
5. YOUR ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. Maxwell-Silver recommends that you memorize this information, and not write it down. You agree to immediately notify Maxwell-Silver of any unauthorized use of your username and password or any other breach of security related to the Maxwell-Silver System. MAXWELL-SILVER CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
6. THIRD PARTY CONTENT AND MONITORING
Maxwell-Silver is a distributor (and not a publisher) of content supplied by third parties and users of the Maxwell-Silver System. Accordingly, Maxwell-Silver has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the Maxwell-Silver System, are those of the respective author(s) or distributor(s) of that information and not of Maxwell-Silver. Maxwell-Silver neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Maxwell-Silver System by anyone other than authorized Maxwell-Silver spokespersons while acting in their official capacities. Maxwell-Silver has the right, but not the obligation, to monitor and review the content on the Maxwell-Silver System and your account to determine compliance with these Terms and any other operating rules established by Maxwell-Silver, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that Maxwell-Silver does not monitor content for accuracy or reliability.
7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from Maxwell-Silver partners, advertisers or sponsors found on or through the Maxwell-Silver System, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). Subject to our secure shopping guarantee, YOU AGREE THAT MAXWELL-SILVER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON THE Maxwell-Silver SYSTEM.
8. LINKS
Maxwell-Silver's provision of a link to any other website or location is for your convenience and does not signify Maxwell-Silver's endorsement of such other site or location or its contents. MAXWELL-SILVER SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Maxwell-Silver System, use of the Maxwell-Silver System or access to the Maxwell-Silver System. The Maxwell-Silver System is provided for your personal, noncommercial use only.
10. TERMINATION
You agrees that Maxwell-Silver, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Maxwell-Silver System, and remove and discard any information posted by you on the Maxwell-Silver System, for any reason, including, without limitation, if Maxwell-Silver believes that you have violated or acted inconsistently with the letter or spirit of the Terms. You agree that Maxwell-Silver may terminate your access to the Maxwell-Silver System without prior notice, and you acknowledge and agree that Maxwell-Silver may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Maxwell-Silver System. FURTHER, YOU AGREE THAT MAXWELL-SILVER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE MAXWELL-SILVER SYSTEM. You may discontinue your participation in and access to the Maxwell-Silver System at any time.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE MAXWELL-SILVER SYSTEM IS AT YOUR SOLE RISK. THE MAXWELL-SILVER SYSTEM IS PROVIDED ON AN "AS IS" BASIS. MAXWELL-SILVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE MAXWELL-SILVER SYSTEM. MAXWELL-SILVER MAKES NO WARRANTY THAT THE MAXWELL-SILVER SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE MAXWELL-SILVER SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAXWELL-SILVER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MAXWELL-SILVER SYSTEM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MAXWELL-SILVER OR THAT DEFECTS IN THE MAXWELL-SILVER SYSTEM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MAXWELL-SILVER SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. MAXWELL-SILVER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE MAXWELL-SILVER SYSTEM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MAXWELL-SILVER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAXWELL-SILVER OR THROUGH THE MAXWELL-SILVER SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 12. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MAXWELL-SILVER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE MAXWELL-SILVER SYSTEM.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Maxwell-Silver may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Maxwell-Silver's liability shall be the minimum permitted under such applicable law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maxwell-Silver, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information you (or anyone using your account) submits, posts or transmits through the Maxwell-Silver System, (2) your (or anyone using your account's) use of the Maxwell-Silver System, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Maxwell-Silver System.
15. COPYRIGHT AND TRADEMARKS; RESTRICTIONS ON USE
The content of the Maxwell-Silver System (the "Content"), including without limitation, text, software, photos, and graphics, is copyrighted by Maxwell-Silver and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Maxwell-Silver or its licensors. Certain of the names, logos, and other materials displayed in the Maxwell-Silver System constitute trademarks, tradenames, service marks or logos ("Marks") of Maxwell-Silver or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Maxwell-Silver or those other entities. All use of the Content and Marks is subject to the restrictions in our copyright notice.
16. LICENSE
You hereby grant to Maxwell-Silver a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright rights with respect the content you provide to us to be published on your gift registry, personal wedding pages or otherwise through the Maxwell-Silver System. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
17. MISCELLANEOUS
The Terms together with our privacy policy constitute the entire and exclusive and final statement of the agreement between you and Maxwell-Silver with respect to the subject matter hereof, and govern your use of the Maxwell-Silver System, superseding any prior agreements between you and Maxwell-Silver with respect to the subject matter hereof. The Terms and the relationship between you and Maxwell-Silver shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Maxwell-Silver System shall be brought in the Federal or state courts located in New York County, New York and you and Maxwell-Silver hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Maxwell-Silver to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Maxwell-Silver Systems or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
18. SURVIVAL
The terms of Sections 11 through 19 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Maxwell-Silver's (and its licensors') proprietary rights (including any and all intellectual property rights) in and to the Content and the Maxwell-Silver System shall survive the expiration or earlier termination of the Terms for any reason.
19. VIOLATIONS
Please report any violations of the Terms to us.
|