Eames-Chair.com Terms of Use
1. Your AcceptancePostscape LLC provides service to you subject to the following
Terms of Use, which may be updated by us from time to time without
notice to you. These Terms of Use constitute a binding agreement
between eames-chair.com and you governing your use of the Website. By
using and/or visiting the www.eames-chair.com Website or any other
Websites owned by postscape.com (collectively the "Website"), you
signify your assent to both these Terms of Use and the eames-chair.com
Privacy Policy, which is specifically incorporated into the eames-chair.com Terms of Use. You are only authorized only to use the
Website if you agree to abide by all applicable laws and to these Terms
of Use. Please read these Terms of Use carefully. If you do not agree
to these Terms of Use, please do not use the Website.
2. Website Accesseames-chair.com hereby grants you permission to use the Website as set
forth in these Terms of Use, provided that: (i) your use of the Website
as permitted is solely for your personal, noncommercial use; (ii) you
will not copy or distribute any part of the Website in any medium
without eames-chair.com’s prior written authorization; (iii) you will
not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these
Terms of Use.
In order to access some features of the Website, you will have
to create an account. You are not allowed to use another user’s account
without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account
password secure. You may change your password at any time by updating
your Account Profile page. In addition, you agree to immediately notify eames-chair.com of any unauthorized use of your password or account or
any other breach of security. eames-chair.com cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 2.
By registering with eames-chair.com, you represent that you are
of legal age to form a binding contract and are not a person barred by
any laws from using the eames-chair.com Website. You agree to provide
true, accurate, current and complete information about yourself in all
required fields of the registration form. If any of your information
changes, you agree to update your registration information as soon as
possible. If eames-chair.com suspects that your registration information
is not complete, current, or accurate, or that you have otherwise
violated these Terms of Use, your account may be subject to suspension
or termination, and you may be barred from using the eames-chair.com
Website.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," or similar technological
devices or programs, that access the Website in a manner that sends
more request messages to the eames-chair.com servers in a given period
of time than a human can reasonably produce in the same period by using
a conventional on-line web browser. Notwithstanding the foregoing, eames-chair.com grants the operators of public search engines permission
to use spiders to copy materials from the Website for the sole purpose
of creating publicly available searchable indices of the materials, but
not caches or archives of such materials. eames-chair.com reserves the
right to revoke these exceptions either generally or in specific cases,
in its sole discretion.
You agree not to collect or use any personally identifiable
information ("Personal Information") including without limitation
account names, email addresses, or other User Submissions (as defined
below), from the Website, nor use the communication systems provided by
the Website for any commercial solicitation purposes, including without
limitation to solicit, for commercial purposes, any users of the
Website.
3. The eames-chair.com Website
These Terms of Use apply to all users of the Website, including users
who contribute information, ideas, and other materials or services on
the Website. The Website may contain links to third party websites that
are not owned or controlled by eames-chair.com. eames-chair.com has no
control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. By using the
Website, you specifically release eames-chair.com from any and all
liability arising from your use of any third-party website.
5. User Submissions
The interactive nature of postings on eames-chair.com makes it
impossible for us to assume responsibility for any of the materials
posted by users. The ideas, suggestions, opinions, comments, and
observations made by eames-chair.com users, and any text, data,
photographs, video, music, sound, chat, messages, files or other
material provided to us by users (all of which are referred to as "User
Submissions") are not endorsed by eames-chair.com, and we make no
guarantee regarding the reliability, accuracy, or quality of any User
Submission that is posted on the Website. You acknowledge that you will
evaluate and bear any risks related to your use of any User Submission,
including any reliance on the accuracy, completeness, or usefulness of
such User Submission. All User Submissions posted to the Website are
the sole responsibility of the person who originally posted the User
Submission, and your sole recourse for any damage you may suffer as a
result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission
and the consequences of posting or publishing them. You retain all of
your ownership rights in your User Submissions. However, by submitting
the User Submissions to eames-chair.com, you hereby grant eames-chair.com
a worldwide, non-exclusive, royalty-free, sublicenseable, and
transferable right and license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions in
connection with the Website and eames-chair.com’s (and its successor’s)
business, including without limitation for promoting and redistributing
part or all of the Website (and derivative works thereof) in any media
now known or hereafter developed. The foregoing license granted by you
terminates once you remove or delete a User Submission from the
Website.
eames-chair.com expressly disclaims any and all liability in
connection with User Submissions. eames-chair.com reserves the right to
remove Content and User Submissions in its sole discretion and without
prior notice. eames-chair.com also reserves the right to terminate a
user's access to the Website at any time in its sole discretion and
without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to
any and all materials you post on eames-chair.com, including text, data,
graphics, audio or video content, music, sound, chat, messages, files
or other material (collectively User Submissions) whether the User
Submission is included in blogs, discussion groups, emails, profiles,
comments, or any other portion or feature of Threadless.com.
You may not, in connection with the Website:
- Upload,
post, email or otherwise transmit any User Submission that is libelous
or defamatory, pornographic, sexually explicit, unlawful or
plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches
a duty of confidentiality by which you are bound due to a contractual
or fiduciary relationship (such as inside information, or proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive,
threatening, harmful, vulgar, profane, obscene, excessively violent,
racially, ethnically or otherwise objectionable or offensive in any
way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with eames-chair.com’s express advance authorization or in a specially designated area, use the Website to:
-
Upload, post, email or otherwise transmit any User Submission that
provides any telephone numbers, street addresses, last names, URLs or
email address; or
- engage in commercial activities within eames-chair.com;
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- use eames-chair.com content to engage in commercial activities;
- delete,
add or otherwise change other people’s entries or other Content when
you have not been granted the privileges to do so; or
- allow usage by others in such a way as to violate eames-chair.com’s Terms of Use.
8. Copyright Infringement
If you believe that your work has been copied or posted on the Website
in a way that constitutes copyright infringement, you will need to send
a written communication that includes substantially the following
(please consult your legal counsel or see Section 512(c)(3) of the
Copyright Act to confirm these requirements):
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
- Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of
such works at that site.
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material. Providing URLs in the body of an email is the best way to
help us locate content quickly.
- Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted.
- A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
eames-chair.com
Email:
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Please also note that under Section 512(f) any person who
knowingly materially misrepresents that material or activity is
infringing may be subject to liability.
9. Modifications to the Websiteeames-chair.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Website (or any
part thereof) with or without notice. eames-chair.com shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Website.
10. Terminationeames-chair.com may, under certain circumstances and without prior
notice, immediately terminate your eames-chair.com account and access to
the Website and any other eames-chair.com services. Cause for such
termination shall include, but not be limited to: (a) breaches or
violations of the Terms of Use other incorporated agreements or
guidelines; (b) requests by law enforcement or other government
agencies; (c) a request by you (self-initiated account deletions); (d)
discontinuance or material modification to the Website (or any part
thereof); (e) unexpected technical or security issues or problems; (f)
extended periods of inactivity; (g) engagement by you in fraudulent or
illegal activities; and/or (h) nonpayment of any fees owed by you in
connection with the Website or any other eames-chair.com product.
Termination of your eames-chair.com account includes: (a) removal of
access to all pages within the Website; (b) deletion of your password
and all related information, files and materials, including User
Submissions associated with or inside your account (or any part
thereof); and (c) barring of further use of the Website. Further, you
agree that all terminations for cause shall be made in Threadless.com’
sole discretion and that eames-chair.com shall not be liable to you or
any third party for any termination of your account, any associated
email address, or access to the Website.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, THREADLESS.COM, AND ANY PARENT,
SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR,
DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF
THREADLESS.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. eames-chair.COM MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. eames-chair.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND eames-chair.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM eames-chair.COM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL eames-chair.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE,
DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT,
RESELLER, OWNER, OR OPERATOR OF eames-chair.COM, BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THREADLESS.COM SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by eames-chair.com from
its facilities in the United States of America. eames-chair.com makes no
representations that the Website is appropriate or available for use in
other locations. Those who access or use the Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
13. Indemnity
You agree to defend, indemnify and hold harmless eames-chair.com, and
any parent, subsidiary, affiliate, director, officer, employee,
licensor, distributor, supplier, agent, reseller, owner, or operator of eames-chair.com, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i) your
use of and access to the Website; (ii) your violation of any term of
these Terms of Use; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right;
or (iv) any claim that one of your User Submissions caused damage to a
third party. This defense and indemnification obligation will survive
these Terms of Use and your use of the Website.
14. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these Terms of Use, and to abide by and comply with these Terms of Use. eames-chair.com is not intended for children under 13. If you are under
13 years of age, then please do not use the Threadless.com Website.
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may
not be assigned, transferred, delegated, and sublicensed by you, but
may be assigned, transferred, delegated, and sublicensed by eames-chair.com without restriction.
16. Copyright Notice
The eames-chair.com Website is © 2008, postscape LLC – All Rights
Reserved and no portion of the Website may be copied, reproduced,
transmitted, derived, or otherwise used for any purpose without the
prior written permission of eames-chair.com.
17. Trademarks
All of the eames-chair.com trademarks are owned by eames-chairs.com and
may not be used for any purpose without the prior written permission of eames-chair.com.
18. General
If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use,
which shall remain in full force and effect. No waiver of any term of
this these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and eames-chair.com’s failure to assert
any right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. eames-chair.com reserves the right to
amend these Terms of Use at any time in its sole discretion and without
prior notice, which shall take effect upon posting to the Website. It
is your responsibility to review these Terms of Use for any changes.
Your use of the Website following any amendment of these Terms of Use
will signify your assent to and acceptance of its revised terms. You
agree that any cause of action arising out of or related to the Website
must commence within one (1) year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.
19. Violations of These Terms of Use
Please report any violations of the Terms of Use, including
objectionable User Submissions or behavior, to
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Please state the reasons for your
concern and provide a link to the User Content or, if appropriate, the
behavior in question. Upon receiving such a report of a possible
violation, eames-chair.com in its sole discretion may investigate the
matter and take such action as eames-chair.com determines to be
appropriate.
20. Updates to Terms of Use
Terms of Use updated March 4, 2008.
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