TERMS & CONDITIONS
Welcome to our website (the "Website"). Daub & Bauble, a Goodwell and Company LLC ("Daub & Bauble", "we", "us" or "our") provides the services available on the Website to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.
Privacy
Please review our Privacy Policy
which also governs your visit to the Website, so that you may understand
our privacy practices.
2. Accuracy of
Information
We attempt to be as
accurate as possible when describing our products and services on the
Website; however, to the extent permitted by applicable law, we do not
warrant that the product descriptions, prices for products and services,
hours of operation or other content available on the Website is accurate,
complete, reliable, current, or error-free.
3. Intellectual
Property
All content available
on the Website, including, but not limited to, text, graphics, logos,
button icons, images, audio clips, data compilations, and software, and
the compilation thereof (the "Content") is the property of Bumble and
bumble, our affiliates, our partners or our licensors, and is protected by
United States and international copyright laws.
The trademarks,
logos, and service marks displayed on the Website (collectively, the
"Trademarks") are the registered and unregistered marks of Bumble and
bumble, our affiliates, our licensors or our partners, in the United
States and other countries, and are protected by United States and
international trademark laws. All other Trademarks not owned by us, our
affiliates, our partners or our licensors that appear on the Website are
the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us.
Except as set forth
in the limited license in Section 4 below, or as required under applicable
law, neither the Content, the Trademarks, nor any other portion of the
Website may be used, reproduced, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in full or in part, for any
purpose without our prior written consent.
4. Limited
License
We grant you a
limited, revocable, and non-exclusive license to access and make personal
use of the Website. Please note that you may not frame or utilize framing
techniques to enclose the Website or any portion thereof without our prior
written consent.
The limited license
set forth in this Section 4 does not include the right to: (i) modify or
download the Website or its contents (except caching or as necessary to
view content); (ii) make any use of the Website or its Content other than
personal use; (iii) create any derivative work based upon either the
Website or its Content; (iv) collect account information for the benefit
of another party; (v) use any meta tags or any other "hidden text"
utilizing our name or the Trademarks without our express written consent;
or (vi) use software robots, spiders, crawlers, or similar data gathering
and extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure.
You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
home page of the Website for personal, non-commercial use only. A website
that links to our Website (i) may link to, but not replicate, our Content;
(ii) may not imply that we are endorsing such website or its services or
products; (iii) may not misrepresent its relationship with us; (iv) may
not contain content that could be construed as distasteful, obscene,
offensive or controversial, and may contain only content appropriate for
all ages; (v) may not portray us or our products or services, in a false,
misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us with undesirable products, services, or opinions; (vi) may
not use any Trademark without express written permission; (vii) may not
link to any page of the Website other than the home page. We may, in our
sole discretion, request that you remove any link to the Website, and upon
receipt of such request, you shall immediately remove such link.
Any unauthorized use
by you of the Website terminates the limited license set forth in this
Section 4 without prejudice to any other remedy provided by applicable
law.
5. Third Party
Links
We are not
responsible for the content of any off-Website pages or any other websites
linked to or from the Website. Links appearing on the Website are for
convenience only and are not an endorsement by us, our affiliates or our
partners of the referenced content, product, service, or supplier. Your
linking to or from any off-Website pages or other websites is at your own
risk. We are in no way responsible for examining or evaluating, and we do
not warrant the offerings of, off-Website pages or any other websites
linked to or from the Website, nor do we assume any responsibility or
liability for the actions, content, products, or services of such pages
and websites, including, without limitation, their privacy statements and
terms and conditions. You should carefully review the terms and conditions
and privacy policies of all off-Website pages and other websites that you
visit.
6.
Submissions
We welcome inquiries
or feedback on the products you use or might like to purchase, however it
is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information
you provide us (collectively, "Submissions") will be treated as
non-proprietary and non-confidential. Subject to the terms of our Privacy
Policy, by transmitting or posting any Submission, you hereby grant us
a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, sell,
assign, translate, create derivative works from, distribute, and display
any Submission in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works. You also acknowledge
that your Submission may not be returned and we may use your Submission,
and any ideas, concepts or know how contained therein, for any purpose
including, without limitation, developing, manufacturing, distributing and
marketing products.
If you make a
Submission, you represent and warrant that you own or otherwise control
the rights to your Submission. You further represent and warrant that such
Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of "spam." You may
not use a false e-mail address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to
indemnify us for all claims arising from your claims to any rights in any
Submission.
7. Representations
and Warranties; Limitation of Liability
THE WEBSITE IS
PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE
WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE
WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT
OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e)
COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE
MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to defend,
indemnify and hold us harmless for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action,
or demand resulting from your use of the Website. You also agree to
indemnify us for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software robots, spiders,
crawlers, or similar data gathering and extraction tools, or any other
action you take that imposes an unreasonable burden or load on our
infrastructure.
9.
Disputes
With respect to any
dispute regarding the Website, your rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws
of New York, as if the Terms and Conditions were a contract wholly entered
into and wholly performed within New York. Any dispute relating in any way
to your visit to the Website shall be submitted to confidential
arbitration in New York, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in New York, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under
this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings
or otherwise.
10.
General
You acknowledge and
agree that these Terms and Conditions, together with our Privacy Policy
constitute the complete and exclusive agreement between us concerning your
use of the Website, and supersede and govern all prior proposals,
agreements, or other communications.
We reserve the right,
in our sole discretion, to change these Terms and Conditions at any time
by posting the changes on the Website. Any changes are effective
immediately upon posting to the Website. Your continued use of the Website
constitutes your agreement to all such terms and conditions. We may, with
or without prior notice, terminate any of the rights granted by these
Terms and Conditions. You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in
these Terms and Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter, nor shall our
waiver of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of these Terms
and Conditions shall be unenforceable or invalid under any applicable law
or be so held by any applicable court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, our
original objectives and intent as reflected in the original provision.
If you have any
questions regarding these Terms and Conditions, please contact us at info@daubandbauble.com.