As between you and Sweetheart, Sweetheart owns, solely and exclusively, all rights, title and interest in and to the Sweetheart Web Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Sweetheart Web Properties, and the compilation of the content, code, data and materials on the Sweetheart Web Properties, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Sweetheart Web Properties does not grant to you ownership of any content, code, data or materials you may access on the Sweetheart Web Properties. You may view the content on the Sweetheart Web Properties on your computer or other Internet compatible device, and make single copies or prints of the content on the Sweetheart Web Properties for your personal, internal use only. The Sweetheart Web Properties and the services offered on or through the Sweetheart Web Properties, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Sweetheart Web Properties, or any content, code, data or materials on the Sweetheart Web Properties, is strictly prohibited unless you have received the prior written permission of Sweetheart or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Sweetheart Web Properties. If you make other use of the Sweetheart Web Properties, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Sweetheart will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Sweetheart Web Properties are registered and unregistered Trademarks of Sweetheart and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on the Sweetheart Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sweetheart Web Properties without the prior written permission of Sweetheart or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Sweetheart Web Properties is strictly prohibited. Sweetheart will enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Use of the Sweetheart Web Properties
You are responsible for your use of Sweetheart Web Properties, and for any use of Sweetheart Web Properties made using your account. At Sweetheart, our goal is to create a positive and safe experience when you and others use Sweetheart Web Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Sweetheart When you use Sweetheart Web Properties, you may not:
· • Violate any law or regulation
• Violate or infringe other party’s intellectual property, privacy, publicity, or other legal rights
· • Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable
· • Make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact
• Send unsolicited or unauthorized advertising or commercial communications, such as spam
· • Transmit any malicious or unsolicited software
· • Stalk, harass, or harm another individual
· • Impersonate or misrepresent your affiliation with someone else
· • Use any means to "scrape," "crawl," or "spider" any Web pages contained in Sweetheart Web Properties (although Sweetheart may allow operators of public search engines to use spiders to index materials from Sweetheart Web Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Sweetheart reserves the right to revoke these exceptions either generally or in specific cases)
· • Use automated methods to use Sweetheart Web Properties in a manner that sends more requests to the Sweetheart servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser
· • Interfere with or disrupt Sweetheart Web Properties
User Generated Content
As between you and Sweetheart, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that you may submit, transmit, upload, post, e-mail, or otherwise make available on or through any Sweetheart Web Properties.
When you provide Sweetheart with User Content, you hereby grant to Sweetheart and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty free, transferable, sub-licensable, license and permission to use, copy, display and perform your User Content in connection with Sweetheart Web Properties. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any User Content. Sweetheart reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, Sweetheart Web Properties, and Sweetheart and its products. Sweetheart reserves the right to modify User Content in its sole and absolute discretion. Sweetheart is not required to host, display, or distribute any User Content, and may remove any User Content from Sweetheart Web Properties at any time and for any reason or no reason.
You further agree that Sweetheart and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that you may send to Sweetheart or its affiliates. You acknowledge and agree that (i) you have no expectation of compensation or confidentiality of any nature, and that Sweetheart has no duties to you, with respect to such Feedback, and (ii) Sweetheart has the right (but not the obligation) to use such Feedback for any purpose without notice to you and without paying any compensation to you.
Sweetheart reserves the right, but does not have an obligation, to monitor and/or review User Content. Sweetheart does not endorse or control the User Content transmitted or posted on the Sweetheart Web Properties and therefore, Sweetheart is not responsible for User Content and Sweetheart does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of Sweetheart You understand that by using the Sweetheart Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Sweetheart be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content submitted, transmitted, uploaded, posted, e-mailed, or otherwise made available via the Sweetheart Web Properties. Sweetheart has no control over User Content once it leaves the Sweetheart Web Properties, and it is possible that others may duplicate User Content on other sites on the Internet.
You agree that if you include a link from any other Web site to www.sweetheartgowns.com or to any of the Sweetheart Web Properties, such link shall open in a new browser window. You agree not to link from any other Web site to www.sweetheartgowns.com or to any of the Sweetheart Web Properties in any manner such that the Sweetheart Web Properties, or any page of the Sweetheart Web Properties, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Sweetheart Web Properties from your Web site at any time upon written notice to you.
Digital Millennium Copyright Act
Sweetheart respects the intellectual property rights of others. Upon proper notice, Sweetheart will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Sweetheart has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Sweetheart’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
· (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
· (b) identification of the claimed infringing material and information reasonably sufficient to permit Sweetheart to locate the material on the Sweetheart Web Properties;
· (c) information reasonably sufficient to permit Sweetheart to contact you, such as an address, telephone number, and, if available, an e-mail address;
· (d) 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;
· (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
· (f) your physical or electronic signature.
Please send all of the above enumerated information to the following Sweetheart copyright agent:
Intellectual Property Counsel
711 Executive Boulevard, Suite G
Valley Cottage, NY 10989
Please do not send notices or inquiries unrelated to alleged copyright infringement to Sweetheart’s designated agent.
You warrant and agree that you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Sweetheart Web Properties for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Sweetheart Web Properties. You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sweetheart Web Properties or the services offered on or through the Sweetheart Web Properties, including without limitation any information residing on any server or database connected to the Sweetheart Web Properties or the services offered on or through the Sweetheart Web Properties; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Sweetheart Web Properties or the services made available on or through the Sweetheart Web Properties in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sweetheart Web Properties or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iv) use the Sweetheart Web Properties or the Sweetheart Web Properties’ services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sweetheart Web Properties or the Sweetheart Web Properties’ services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Sweetheart Web Properties in any manner that could damage, disable, overburden, or impair the Sweetheart Web Properties or interfere with any other party's use and enjoyment of the Sweetheart Web Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sweetheart Web Properties.
Third Party Web Sites, Resources, and Applications
You may be able to access or use the Sweetheart Web Properties from a third party Web site, Internet resource, or software application ("Linked Sites"). You may also be able access and use a Linked Site from a link available on the Sweetheart Web Properties. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on any of the Sweetheart Web Properties does not imply Sweetheart's endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. Sweetheart disclaims any liability for Linked Sites. Sweetheart does not guarantee the standards or practices of any Linked Site nor shall Sweetheart be held responsible for the contents of such Linked Sites. For this reason, Sweetheart does not represent or warrant that the contents of any Linked Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Sweetheart is not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting form such reliance.
DISCLAIMER OF WARRANTIES
THE Sweetheart WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE Sweetheart WEB PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE Sweetheart WEB PROPERTIES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE Sweetheart WEB PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Sweetheart ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE Sweetheart WEB PROPERTIES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE Sweetheart WEB PROPERTIES. IF YOU ARE DISSATISFIED WITH THE Sweetheart WEB PROPERTIES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE Sweetheart WEB PROPERTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE Sweetheart WEB PROPERTIES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE Sweetheart WEB PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE Sweetheart WEB PROPERTIES, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE Sweetheart WEB PROPERTIES.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Sweetheart AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE Sweetheart WEB PROPERTIES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE Sweetheart WEB PROPERTIES OR IN CORRESPONDENCE WITH Sweetheart OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE Sweetheart WEB PROPERTIES ARE PROVIDED BY Sweetheart "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Sweetheart OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY