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Effective
DATE: OCTOBER 20, 2004
Welcome to the Satireandinspire.com web site, which is located at
satireandinspire.com . The following Terms of Service ("TOS")
contain the terms and conditions that govern your use of the Web Site
and Satireandinspire.com Service (as defined below). These TOS describe
your rights and responsibilities and what you can expect from the
Satireandinspire.com Service. If you do not read, understand, and
agree to all of the TOS, you may not use the Web Site.
Satireandinspire.com reserves the right to add to, delete or change
these TOS because of frequent changes in Internet technology and
applicable law. As such, you should check these TOS from time to
time for such changes.
2. Use of the Web Site and Satireandinspire.com
Service.
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2.2 Compliance
With TOS and Applicable Law.You must comply with all of the terms
and conditions of these TOS, the applicable agreements and policies
referred to below, and all applicable laws, regulations and rules
when you use the Satireandinspire.com Service and the Web Site.
2.3
Your License to Use the Web Site and the Satireandinspire.com Service.
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(a)
Satireandinspire.com solely and exclusively owns all intellectual
property and other right, title and interest in and to the Satireandinspire.com
Service and Web Site, except as expressly provided for in these TOS.
For example and without limitation, Satireandinspire.com owns the
trademarks SATIREANDINSPIRE(SM), SATIREANDINSPIRE.COM®, SATIREANDINSPIRE.COM
& Design®; the copyrights in and to the Web Site, and certain
technology used in providing the Satireandinspire.com Service. You
will not acquire any right, title or interest therein under these
TOS or otherwise.
(b)
Satireandinspire.com grants you a limited revocable license to access
and use the Web Site and the Satireandinspire.com Service for its
intended purposes, subject to your compliance with these TOS. This
license does not include the right to collect or use information contained
on the Web Site for purposes prohibited by Satireandinspire.com; create
derivative works based on the content of the Web Site; or download
or copy the Web Site (other than page caching). If you use the Web
Site in a manner that exceeds the scope of this license or breach
this TOS, Satireandinspire.com may revoke the license granted to you.
(c) This
Section 2.3 does not pertain to your intellectual property rights.
For information regarding your intellectual property rights, please
see Section 4.3. |
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2.4
Third-Party Services. Satireandinspire.com may use third parties to
provide certain services accessible through the Web Site. Satireandinspire.com
does not control those third parties or their services, and you agree
that Satireandinspire.com will not be liable to you in any way for
your use of such services. These third parties may have their own
terms of use and other policies. You must comply with such terms and
policies as well as these TOS when you use these services. If any
such terms or policies conflict with Satireandinspire.com's TOS, agreements
or policies, you must comply with Satireandinspire.com's TOS, agreements
or policies, as applicable. |
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3.
General Rules.
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3.1
Prohibited Use. Except as may be expressly permitted by Satireandinspire.com,
you may not: (i) interfere with the Satireandinspire.com Service by
using viruses or any other programs or technology designed to disrupt
or damage any software or hardware; (ii) modify, create derivative
works from, reverse engineer, decompile or disassemble any technology
used to provide the Satireandinspire.com Service; (iii) use a robot,
spider or other device or process to monitor the activity on or copy
pages from the Web Site, except in the operation or use of an internet
"search engine", hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third
parties by using the Satireandinspire.com Service; (v) impersonate
another person or entity; (vii) use any meta tags, search terms, key
terms, or the like that contain Satireandinspire.com's name or trademarks;
(viii) engage in any activity that interferes with another user's
ability to use or enjoy the Satireandinspire.com Service; or (ix)
assist or encourage any third party in engaging in any activity prohibited
by these TOS.
3.2 Privacy
Policy. By entering into these TOS, you agree to Satireandinspire.com's
collection, use and disclosure of your personal information in accordance
with the Privacy Policy.
3.3 Ordering
Policies. If you purchase Products, you agree to do so in accordance
with Satireandinspire.com's Ordering Policy and Bulk Order Policy.
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7. Representations
and Warranties.
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7.1
Mutual Representations and Warranties. You represent and warrant to
Satireandinspire.com and Satireandinspire.com represents and warrants
to you: (i) that you or it has the full power and authority to enter
into and perform under these TOS, (ii) the execution and performance
of your or its obligations under these TOS do not constitute a breach
of or conflict with any other agreement or arrangement by which you
or it is bound, and (iii) these TOS are a legal, valid and binding
obligation of the party entering into these TOS, enforceable in accordance
with their terms and conditions.
7.2
By You. You represent and warrant to Satireandinspire.com that,
in your use of the Satireandinspire.com Service, you: (i) will not
infringe the copyright, trademark, patent, trade secret, right of
privacy, right of publicity or other legal right of any third party
and (ii) will comply with all applicable laws, rules, and regulations.
You further represent and warrant to Satireandinspire.com that: (i)
there are no claims, demands or any form of litigation pending or,
to the best of your knowledge, threatened with respect to any of your
Content; (ii) Satireandinspire.com will not be required to make any
payments to any third party in connection with its use of your Content,
except for the expenses that Satireandinspire.com incurs in providing
the Satireandinspire.com Service; (iii) the use of any instructions,
formulae, recommendations, or the like contained in your Content will
not cause injury to any third party; and (iv) your Content does not
contain viruses or any other programs or technology designed to disrupt
or damage any software or hardware.
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8. Disclaimers,
Exclusions, and Limitations.
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8.1
DISCLAIMER OF WARRANTIES. SATIREANDINSPIRE.COM PROVIDES THE WEB
SITE AND SATIREANDINSPIRE.COM SERVICE ON AN "AS IS" AND
"AS AVAILABLE" BASIS. SATIREANDINSPIRE.COM DOES NOT REPRESENT
OR WARRANT THAT THE WEB SITE, SATIREANDINSPIRE.COM SERVICE OR ITS
USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES
OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE
IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SATIREANDINSPIRE.COM
MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS,
AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
AND NON-INFRINGEMENT.
8.2 EXCLUSION OF DAMAGES. SATIREANDINSPIRE.COM WILL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING
TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF,
RELATING TO OR CONNECTED WITH THE USE OF THE SATIREANDINSPIRE.COM
SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8.3 LIMITATION OF LIABILITY. EXCEPT
FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE
TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE
TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION
WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY SATIREANDINSPIRE.COM
TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT
GIVES RISE TO SUCH LIABILITY OR (ii) $100.
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