The following Terms of Use contain the complete terms and
conditions that apply to an individual's or entity's use of the Antique
Spectacles site. As used in this Agreement, "We," "Us" or "Our" refers
to Antique Spectacles, and "You" or
"Your" refers to the user. "Site" means any Antique Spectacles site
posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and
conditions and Your waiver of any and all claims against Antique
Spectacles, its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or
any materials, information, opinions or recommendations contained on Our
Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at
any time and in Our sole discretion, by posting a change notice or a new
user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED
USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF
USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content Included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of Our
content suppliers and is protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property protected by U.S. and
international copyright laws. All software used on Our Site is Our
property or that of Our software suppliers and is protected by U.S. and
international copyright laws. You may electronically copy and print in
hard copy portions of Our Site for the limited purpose of placing an
order with Us or using it as a shopping resource. Any other
use-Including reproduction for purposes other than those noted above,
modification, distribution, transmission, republication, display or
performance-of the content on a Site without Our prior written
permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the
above restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright
infringement and, in the United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000 and imprisonment for up
to five (5) years. In addition, federal civil penalties allow the
recovery of actual damages based on the number of copies produced plus
the profits of the infringer, or statutory damages of up to U.S.$100,000
for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO
EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE
OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE
(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE
CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF
OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions
or original or creative ideas (collectively, "Materials") submitted
through Our Site. If despite this policy you submit any such Materials,
We will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure of
such Materials. Without limitation, We will own the exclusive rights to
the Materials and will be entitled to unrestricted use of the Materials
for any purpose, commercial or otherwise, without compensation to the
submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN
CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING
WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU
IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless Antique Spectacles Etc., its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and
employees against all claims, losses, damages, liabilities, costs and
expenses (Including reasonable attorneys' fees and costs) made due to or
arising out of a violation of these Terms of Use or Your use of this
Site, Including, without limitation, any claim arising out of
unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance
of any provision or right under the terms and conditions of these Terms
of Use, it will not be construed as a waiver of any provision or right;
rather, the same will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of
Massachusetts to the exclusion of any other law which may be imputed in
accordance with choice of law rules applicable in any jurisdiction. The
1980 U.N. Convention on Contracts for the International Sale of Goods or
any successor thereto does not apply to these Terms of Use. For any suit
or claim pertaining to these Terms of Use or any information furnished
hereunder, You irrevocably consent to the jurisdiction and venue of any
state or federal court sitting in Norfolk County, Massachusetts, USA,
and You will not commence an action or proceeding relating to the
subject matter of these Terms of Use in any other jurisdiction.
8.3 English Language Governs. It is the express wish
of the parties that these Terms of Use be drawn up in English. C'est la
volonté explicite des parties que ces termes d'usage soient rédiger en
anglais.
8.4 Independent Contractor. These Terms of Use will not be interpreted
or construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership
or franchiser obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with all
statutes, regulations, rules, ordinances and orders of any governmental
body, department or agency that apply to or result from Your use of Our
Site.
8.6. Severability. If any provision of these Terms of Use will be
unlawful, void or for any reason unenforceable, then that provision will
be deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
OUR ADDRESS:
Antique Spectacles Etc.
Sharon, MA 02067 |
