|
|
THE TERMS AND CONDITIONS SET FORTH BELOW (THE
"TERMS") GOVERN YOUR USE OF THIS WEBSITE
ON THE WORLD WIDE WEB (THE "SITE")
OF LASHBACK, LLC (“LASHBACK”) 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. YOU AGREE THAT LASHBACK
AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR
CHANGES TO THE PRODUCTS, SERVICES AND PROGRAMS
DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY,
AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER
AGREE THAT LASHBACK CAN REVISE THESE TERMS AT
ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING.
YOU AGREE THAT YOUR CONTINUED USE OF THE SITE
AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES
YOUR ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All
documents and other information provided on
this Site, including trademarks, logos, graphics
and images (the "Materials") are provided
to you by LASHBACK.
LASHBACK
grants you the limited right to display the
Materials only on your personal computer, and
to copy and download the Materials on this Site,
provided that: (1) both the LASHBACK copyright
notice (set forth below) and this permission
notice appear in the Materials so displayed,
copied or downloaded; (2) such display, copy
or download is solely for your personal or internal
informational use and is not to be distributed
or otherwise transmitted outside of your home
or company, or otherwise broadcast or reposted
in any media. You acknowledge and agree that
you have no right to modify, edit, alter 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/or printed Materials.
You acknowledge that, except as expressly stated
herein, you have no right, title or interest
in or to the Materials.
COMPUTER
SOFTWARE
Any computer software which may be downloaded
or is otherwise available from the Site is licensed
subject to the terms of its associated license
agreement only, unless expressly stated otherwise.
You will not be able to use, download or install
any software unless you agree to the terms of
such license agreement. Except as expressly
permitted in the applicable license agreement,
you may not use, reproduce, record, publish,
publicly exhibit or distribute any software
made available on the Site without LASHBACK’s
express prior written consent. LASHBACK and
its licensors retain title to any such software
downloaded from the Site and you are granted
only a non-exclusive license to use such software
in accordance with the applicable license agreement.
Such software is warranted, if at all, only
according to the terms of the license agreement.
EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED
LICENSE AGREEMENT, LASHBACK DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. LASHBACK and its
licensors reserve all other intellectual property
rights in and relating to such software.
THIRD
PARTY CONTENT
Certain information and content may be provided
by third parties to LASHBACK (“Third Party
Content”). The Third Party Content is,
in each case, the copyrighted work of the creator/licensor.
You agree to only display the Third Party Content
on your personal computer solely for your personal
or internal business use. You acknowledge and
agree that you have no right to download, cache
or display any of the Third Party Content except
as set forth in this paragraph. You further
acknowledge and agree that you have no right
to reproduce, modify, edit, alter or enhance
any of the Third Party Content in any manner.
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 LASHBACK or
its licensors, respectively.
LINKS
TO THIRD PARTY WEBSITES
This Site may be linked to other websites on
the World Wide Web or Internet that are not
under the control of or maintained by LASHBACK.
Such links do not constitute an endorsement
by LASHBACK of those websites. You acknowledge
that LASHBACK is providing these links to you
only as a convenience, and further agree that
LASHBACK is not responsible for the content
of such websites. Your use of other websites
is subject to the terms of use and privacy policies
located on the linked websites.
PASSWORD
PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted
to registered users (“Password Protected
Areas”). If you are a registered user
of the Password Protected Areas, you agree that
you are entirely responsible for maintaining
the confidentiality of your password. 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
LASHBACK 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 is subject to and governed
by the LASHBACK Privacy Policy that is available
at HERE.
SOFTWARE
PURCHASES
Your online purchases of LASHBACK products are
hosted and managed by third party providers.
When you make online purchases of LASHBACK products
our third party fulfillment provider collects
all information necessary to execute your order.
UNAUTHORIZED
ACTIVITIES
You acknowledge that any 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 email
address or password. As such, you agree to hold
LASHBACK entirely harmless from and against
any and all costs, damages, liabilities, and
expenses (including attorneys’ fees) incurred
by LASHBACK in relation to, arising from or
for the purpose of avoiding any claim or demand
brought by a third party that your use of the
Site or the use of the Site by any person using
your password or email address violates any
applicable law or regulation, or the rights
of any third party.
TRADEMARKS
LASHBACK is a trademark of LASHBACK in the United
States and other countries. All other marks,
names, and logos mentioned herein are the property
of their respective owners.
COPYRIGHT
NOTICE
All information and screens appearing on this
Site including documents, products, software
and services, graphics, text elements, website
design, logos, images, and icons, as well as
the selection, assembly, and arrangement thereof,
are the sole property of LASHBACK, Copyright
© 2003 LASHBACK, 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.
SPAM is a registered trademark of Hormel Foods
Corporation and is rather delicious when fried
and served on a hamburger bun.
COPYRIGHT
AGENTS
LASHBACK 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 LASHBACK’S COPYRIGHT AGENT THE
FOLLOWING INFORMATION:
(a) an electronic or physical signature of the
person authorized to act on behalf of the owner
of the copyright interest;
(b) a description of the copyrighted work that
you claim has been infringed;
(c) a description of where the material that
you claim is infringing is located on the Site;
(d) your address, telephone number, and email
address;
(e) 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.
LASHBACK’s
Copyright Agent for notice of claims of copyright
infringement on its website is abuse@lashback.com.
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 LASHBACK, and agree that LASHBACK does not
warrant the accuracy or timeliness of the Materials
or the Third Party Content, and further agree
that LASHBACK has no liability for any errors
or omissions in the Materials and the Third
Party Content, whether provided by LASHBACK
or its licensors.
LASHBACK,
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 ANY IMPLIED WARRANTY
OF TITLE, 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, LASHBACK SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY
DAMAGES SUFFERED AS A RESULT OF YOUR USING,
DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION
OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT
SHALL LASHBACK 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 IF LASHBACK
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
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
LASHBACK 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.
GENERAL
LASHBACK does not monitor your data or transmissions;
yet, LASHBACK does actively monitor overall
Site usage for system utilization. You agree
that if LASHBACK becomes aware of inappropriate
use of the Site or any LASHBACK service, LASHBACK
may respond. You acknowledge that LASHBACK will
report to law enforcement authorities any actions
that may be considered illegal, as well as any
reports it receives of such conduct. When requested,
LASHBACK will cooperate fully with law enforcement
agencies in any investigation of alleged illegal
activity on the Internet.
If
you violate these Terms, LASHBACK reserves the
right to terminate your access to the Site without
notice. Any action related to these Terms will
be governed by Missouri 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 MO, 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 to be invalid or unenforceable
by a court of competent jurisdiction, then such
provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties,
and all other provisions shall remain in full
force and effect. The failure of LASHBACK 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 LASHBACK in writing. The Terms comprise
the entire agreement between you and LASHBACK
and supersede all prior or contemporaneous negotiations,
discussions or agreements, if any, between the
parties regarding the subject matter contained
herein.
|
|