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TERMS OF USE AGREEMENT
Welcome to our Web site. By using our
site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not
use this site. The term “MIS Promotions” or "Mark I. Sikand" or
“us” or “we” or “our” refers to Mark I. Sikand, the owner of the
Web site. The term “you” refers to the user or viewer of our Web
Site. The term "retailer" refers to Canary Jewelers (Dana
Canary), a licensed authorized user. This agreement is
governed by the laws of the Commonwealth of Massachusetts.
Acceptance of
Agreement.
You and the retailer agree to the terms
and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to
the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior
to using and/or publishing the Site. The Agreement may also be
posted on OgOJeweler.com, or other support website.
Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, resale, removal of links, misuse or
publication by you of any such matters or any part of the Site,
except as allowed by Section "A" below, is strictly prohibited.
You and/or the retailer do not acquire ownership rights to any
content, document or other materials viewed through the Site or
received in any other way or format. The posting of information
or materials or modifications on the Site does not constitute a
waiver of any right in such information and materials. Some of
the content on the site is the copyrighted work of third
parties.
Service
Marks.
"_______________________________.com" and
others are our service marks or registered service marks or
trademarks. Other product and company names mentioned on the
Site may be trademarks of their respective owners.
Limited
License; Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the
Site strictly in accordance with this Agreement; (b) to use the
Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that
you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or
its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Restrictions
and Prohibitions on Use.
Your license for access and use of the
Site and any information, materials or documents (collectively
defined as “Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form
or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any
materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing
or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license,
lease, rental, subscription, or any other commercial
distribution mechanism....
All aspects, graphics, pictures, images,
words, language, product images, herein referred to as "content"
of this website are managed and controlled by the retailer using
this website, Canary Jewelers, (Dana Canary), This website was
published on to the internet by the retailer, Canary Jewelers
(Dana Canary), after the review and approval of all of the
contents, or at the request of the retailer by an agent or
representative, only the retailer has the power and authority to
add, delete, edit or modify all and any of the content in any
way and at any time, therefore, the retailer is responsible and
liable for all content and all the aspects of this website.
The content of this website has been uploaded and or
published on to a server that is owned, operated, leased, managed and/or
controlled and maintained by the retailer
The retailer, Canary Jewelers, purchased one license to use
one copy of the website template owned and copyrighted by Mark
I. Sikand, MIS Promotions, and the one copy may be used by the
one retailer, Canary Jewelers, and may be uploaded and or
published on to one server only, the retailer may modify, add,
change and further develop our template website as they choose
to benefit their retail jewelry company, however, words, images,
hidden fields, in line frames or pictures that contain external
links may not be removed or altered The software is licensed to the retailer “as-is.”
The retailer, Canary Jewelers, bears
the risk of using it. The contributors give no express
warranties, guarantees or conditions. You may have additional
consumer rights under your local laws which this license cannot
change. To the extent permitted under your local laws, the
contributors exclude the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Mark I. Sikand, MIS Promotions is a user of Microsoft Frontpage
software and such software was used to develop and produce this
website, we make no expressed or implied warranty of any kind as
to the fitness for use, availability or compatibility in any way
of such software now or at any time in the future and the
retailer may subject to the terms of use and copyright laws for
use of such software. |