Terms
and conditions
The
www.victorianeumark.com Web Site (the "Site") is an online
information service provided by Victoria Neumark
("www.victorianeumark.com "), subject to your compliance
with the terms and conditions set forth below.
PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. www.victorianeumark.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire
contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are www.victorianeumark.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different
areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You
agree to grant to www.victorianeumark.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without
limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to www.victorianeumark.com by all means and in
any media now known or hereafter developed. You also grant
to www.victorianeumark.com the right to use your name in
connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You
agree that you shall have no recourse against
www.victorianeumark.com for any alleged or actual
infringement or misappropriation of any proprietary right
in your communications to www.victorianeumark.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of
www.victorianeumark.com. Other product and company names
mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand
that, except for information, products or services clearly
identified as being supplied by www.victorianeumark.com,
www.victorianeumark.comdoes not operate, control or endorse
any information, products or services on the Internet in
any way. Except for www.victorianeumark.com- identified
information, products or services, all information,
products and services offered through the Site or on the
Internet generally are offered by third parties, that are
not affiliated with www.victorianeumark.com a. You also
understand that www.victorianeumark.com cannot and does not
guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. www.victorianeumark.com PROVIDES
THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND www.victorianeumark.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.victorianeumark.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. www.victorianeumark.com HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.victorianeumark.com BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF www.victorianeumark.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, www.victorianeumark.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
www.victorianeumark.com makes no representations whatsoever
about any other web site which you may access through this
one or which may link to this Site. When you access a
non-www.victorianeumark.com web site, please understand
that it is independent from www.victorianeumark.com, and
that www.victorianeumark.com has no control over the
content on that web site. In addition, a link to a
www.victorianeumark.com web site does not mean that
www.victorianeumark.com endorses or accepts any
responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
www.victorianeumark.com, its officers, directors,
employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party
Rights.
The provisions
of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of
www.victorianeumark.com and its officers, directors,
employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these
individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own
behalf.
5.Term;
Termination.
This Agreement
may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in accordance with the
laws of the United Kingdom applicable to agreements made
and to be performed in the United Kingdom. You agree that
any legal action or proceeding between
www.victorianeumark.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of
competent jurisdiction sitting in the United Kingdom . Any
cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of
action is barred. www.victorianeumark.com's failure to
insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. www.victorianeumark.com may
assign its rights and duties under this Agreement to any
party at any time without notice to you.
Any rights not
expressly granted herein are reserved.
COPYRIGHT
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