Terms of Use
UPDATED AS OF: April 10, 2006
COMPANY:
COMPANY LOCATION: 900 King St., Rye Brook, NY 10573
JURISDICTION: NY
CONTACT US:
Address:
ATTN: Consumer Relations
P.O. Box 869077
Plano. TX 75086-9077
Telephone: 1-800-966-4669
E-Mail: send us an email
CONDITIONAL USE OF THIS SITE
Your access to and use of this website and its contents (the "Site")
is subject to the terms and conditions of these Terms of Use ("Terms of Use"
or "Terms"), and all applicable laws. By accessing and using
this Site, you (the "User" or "you") accept
and agree to these without any limitation or qualification.
Privacy Policy
We respect concerns about the privacy of your personal information. Please
review our Privacy Policy for
how we collect, use, disclose and manage your personal information.
GENERAL RESTRICTIONS
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You may use this Site for your own personal, non-commercial informational or
entertainment purposes only.
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You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post,
upload, modify, broadcast or distribute any Site Content in any way, including
for any public or commercial purpose whatsoever, without our prior written
permission.
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You may not use any third parties’ likenesses, names, and/or properties without
their express permission.
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You may not send any material to the Site that is unlawful, harmful (including
any virus), threatening, libellous, defamatory, obscene, scandalous,
inflammatory, pornographic, indecent or profane or that could constitute or
encourage a violation of any law.
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We may review, edit or delete materials you or others send to this Site, but
are not obligated to do so.
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We may cancel any registration(s) or account(s) on this Site at any time,
without notice or liability, for any reason, including if technical problems,
irregularities or misuse occurs.
OWNERSHIP OF MATERIAL YOU SEND
Subject to the application of the Privacy Policy to personal data, any material
you send to this Site will be deemed non-confidential and non-proprietary. This
includes any data, questions, comments, suggestions, ideas or other
information, material or property. We (or our designees) will be entitled use
any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for
reproduction, disclosure, transmission, publication, broadcast and posting. You
must only send material to the Site if you are the original author of the
material or otherwise have the necessary rights to use that materia.
WAIVER
We try to make the Site and its contents reliable, but inaccuracies may occur.
Therefore, regardless of anything else on the Site or in these Terms:
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USE OF THE SITE IS AT YOUR OWN RISK
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THE SITE IS PROVIDED TO YOU "AS IS"; AND
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TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES:
- DISCLAIM ALL WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES DUE TO:
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STATEMENTS, ERRORS OR OMISSIONS IN THE SITE;
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CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
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VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER;
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LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; OR
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ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
INDEMNIFICATION
BY USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR
RELATED PARTIES FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE
LAWYER’S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:
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ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION
RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
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ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL
CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR INTERNET ACCOUNT;
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YOUR BREACH OF ANY PROVISION OF THESE TERMS;
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ANY OTHER MATTER REGARDING THIS SITE AND YOUR USE OF IT.
You agree to use best efforts to cooperate with us in the defence of any such
matter. We reserve the right, at your expense, to assume the exclusive defence
and control of any matter subject to indemnification by you.
OTHER SITES
This Site may contain links to other web sites that we do not own or operate. We
do not control, recommend or endorse and are not responsible for these sites or
their content, products, services or privacy policies. Downloading material
from certain sites may risk infringing intellectual property rights or
introducing viruses into your system. You should note when you leave this Site
and read the privacy policies and terms of these other sites. You should also
independently assess the authenticity of any website which appears or claims
that it is one of our sites (including those linked to through an email).
INTELLECTUAL PROPERTY
We (or our associated or affiliated companies or third parties who have licensed
its brands to Company or contributed to this Site) ("Content Owner") own or
license from third parties all Site Content. All Site Content remains the sole
property of the applicable Content Owner and is protected under all relevant
Copyright, Trademark and other applicable laws. Nothing on the Site should be
construed as granting any license or rights to use or distribute any Site
Content, without our express written agreement or of the other applicable
Content Owner.
OTHER
Jurisdiction
We control and operate the Site from the above Company Location (regardless of
where hosting servers are located). All matters relating to the Site are
governed by the laws of the above Jurisdiction, without reference to conflict
or choice of law principles. You agree that jurisdiction and venue for any
legal proceeding relating to the Site shall be in appropriate courts located in
the above Jurisdiction. We do not warrant or imply that the Site or materials
on it are appropriate for use outside of the above Country. The information set
forth in this Site concerning any products or services is applicable only in
the Jurisdiction, and these products or services may not be available in all
locations. If you are located outside of this Country, you are solely
responsible for compliance with any applicable local laws.
Severability
If for any reason, any provision herein is found void or unenforceable, it will
be severed to the extent void or unenforceable and the remaining provisions
will continue in full force and effect.
Definitions/Interpretation
As used herein:
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"Damages" means any and all direct, special, indirect,
consequential or punitive loss or other damages of any kind (whether in
contract, including fundamental breach, tort, including negligence, or
otherwise).
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"including" means "including, but not limited to"
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"materials sent to the Site" (and "materials you send to
the Site" and other like terms) means anything emailed, uploaded, posted or
otherwise transmitted or sent to the Site (whether information, text, material,
data or code or other) by you or another user.
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"Related Parties" means all of our parent, subsidiary and
affiliated companies, Site Developers and other promotional partners.
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"Site Contents" means any and all information, text,
images, audio, video, designs, names, logos, trademarks, data, code or other
information, material or content on this Site.
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"Site Developer" means any party involved in creating,
producing, delivering or maintaining the Site.
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"use of this Site" (and "using" and other like terms)
means "any and all use of the Site of any kind whatsoever, including access to,
browsing of, reviewing, posting of, transmitting, reviewing, downloading, and
other using the Site or any material on the Site."
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"Warranties" means any warranties or representations, express
or implied (including, without limitation, any implied warranties of
merchantability or fitness for a particular purpose, title, non-infringement or
freedom from computer virus.
Changes
Please note, we may change information on this Site and/or these Terms, at any
time without notice. You should regularly review these Terms for any changes.
By continuing to use the Site, you agree to any changes, and by providing
continued access to the Site we are providing you consideration for agreement
to such changes.
Contact Us
If you have any questions or comments regarding this Site, please contact us at
the above "Contact" address, telephone number or e-mail.