By accessing any area of this Internet site (hereinafter referred to as
"Website") or by ordering any product or service through the use of
this Website, you agree with Blowmold Central that you are bound by the terms
set forth below. Users of the website also agree to be bound by the terms
of the Blowmold Central website rules, regulations and policies. The terms
of this Agreement include, but are not limited to, terms on use of this Website,
terms on the purchase of products and services, and terms regarding copyright
and trademark matters. Blowmold Central provides this Website and related
products and/or services subject to your compliance with the terms and
conditions set forth herein. PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY. From time to time Blowmold Central may modify the Agreement and
policies. Accordingly, please continue to review the Agreement whenever
accessing or using the Website. If at any time you do not wish to accept
the Agreement and policies, you may not use the Website. It is the user's
responsibility to understand the Ordering Information, Guarantee and Return
Policy pages and to review those pages PRIOR to ordering.
1. INTELLECTUAL
PROPERTY
The Blowmold Central logo, WattsHappening Newsletter, and
Decorating You One Season At A Time are trademarks and/or service marks of
Blowmold Central. The Website, including (but not limited to) text,
description of products implemented at any time, software, video, music, sound,
graphics, photographs, illustrations, artwork, names, logos, trademarks, service
marks and other material ("Content") is protected by copyrights, trade
marks and/or other proprietary rights. All other trademarks and/or service
marks used in the Website are the trademarks and/or service marks of their
respective third party owner(s). No Content contained on the Website should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any trademark and/or service mark displayed on the Website without
the written permission of Blowmold Central or such third party owner(s). You
acknowledge that Blowmold Central will aggressively enforce its intellectual
property rights to the fullest extent of the law, including, without limitation,
the seeking of criminal prosecution.
2. NO RELIANCE
Use of this Website is at user's sole risk. Neither
Blowmold Central, nor any of its officers, directors, or employees, agents,
third-party content providers, vendors, licensers, or the like, warrant that
this Website will be uninterrupted or error-free; nor do they make any
warranty as to the results that may be obtained from the use of this Website, or
as to the accuracy reliability or currency of any information content, service,
or merchandise provided through this Website, and all information, including
prices and availability, is subject to change without prior notice to user.
3. NO
WARRANTY / LIMITATION OF LIABILITY
Blowmold Central does not guarantee or give any warranty as to
the accuracy, timeliness or completeness of any information or material on the
Website. This Website, including any content and information contained
within it, any Website-related service, and any product and/or service purchased
or made available through the Website, is provided "AS IS" without
representations and warranties of any kind, either expressed or implied,
including, but not limited to, warranties of merchantability, fitness for a
particular purpose, title, or non-infringement.
Blowmold Central does not authorize anyone to make a warranty
of an kind on its behalf, and you may not rely on any such statement of
warranty. You recognize that Blowmold Central is not the manufacturer of
the products, but simply a reseller of those products.
4. THIRD-PARTY
CONTENT
With respect to any third-party products or services
described or made available in connection with the Website, you acknowledge that
any warranty that is provided in connection with such third-party products or
services is provided solely by the third-party provider of such products or
services, and not by Blowmold Central, its owners, its officers, its directors,
its employees, its agents, or website developers.
Blowmold Central disclaims all representations
and warranties regarding any non-Blowmold Central website that you may be able
to access through our Website; you understand that Blowmold Central has no
control over the content of such non-Blowmold Central websites. You also
acknowledge that your access to and/or use of such non-Blowmold Central Websites
and/or their related products and/or their services may not be uninterrupted,
error-free, or secure. You assume total responsibility and risk for your use of
this Website, any other website accessible through this Website, and any
Website-related products or services. Your sole remedy for dissatisfaction with
the Website-related products and/or services and/or content or information
contained within the Website is to stop using the Website and/or those products
and/or services.
Blowmold Central, its owners, officers, directors, sponsors,
website developers, agents, employees, third-party suppliers and licensors are
neither responsible nor liable for any direct, indirect, incidental,
consequential, special, exemplary, punitive or other damages under any contract,
negligence, strict liability or other theory arising out of or relating in any
way to the Website, website-related products, services and/or content or
information contained within the Website or linked to or from the Website.
In many instances, the content available through the Website
represents the opinions and judgments of the respective information provider or
Website user, or other user not under contract with Blowmold Central. Blowmold
Central neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on the Website by anyone other than
authorized Blowmold Central employee spokespersons while acting in their
official capacities. Under no circumstances will Blowmold Central be liable for
any loss or damage caused by your reliance on information obtained through the
Website. It is your responsibility to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through the Website.
5. VOID WHERE
PROHIBITED
Blowmold Central currently ships within the United States.
Although this Website is accessible worldwide, not all products and/or services
discussed or referenced in the Website are available to all persons or in all
geographic locations or jurisdictions. Blowmold Central reserves the right to
limit, in its sole discretion, the availability of the Website and/or the
provision and quantity of any product or service to any person, geographic area
or jurisdiction it so desires. Any offer for any product and/or service made in
connection with the Website is void where prohibited.
While using the Website
or Website-related services, you agree not to:
Email,
letters and/or voicemail messages/comments/remarks which are rude, vulgar,
hostile and/or contain profanity or pornographic images will not be
tolerated nor given a response. Such behavior may result in your
identity being reported to the proper authorities;
Restrict or inhibit
any other user from using and enjoying the Website and services;
Post or transmit any
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable or harmful information or materials, or any
information or materials that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law;
Without Blowmold
Central's prior written approval, post or transmit any advertising,
promotion or solicitation of goods or services for commercial purposes
(including, without limitation, the solicitation of users of the Website to
become users of other online services competitive with Blowmold Central);
Post or transmit any
information or software that contains a virus, worm, trojan horse or other
harmful or disruptive component;
Post or transmit
materials in violation of another party's copyright or other intellectual
property rights (you acknowledge that the burden of determining whether any
material posted or transmitted to the Website by you is protected by a third
party's copyright rests solely with you);
Use the Website for
any commercial or unlawful purposes; or Modify, adapt, sublicense,
translate, sell, reverse engineer, decompile or disassemble any portion of
the Website.
Blowmold Central has no obligation to monitor the Website or
Website-related services. However, you acknowledge and agree that Blowmold
Central has the right to monitor the Website and Website-related services
without limitation, and to disclose to any third party any information in order
to operate the Website properly, to protect itself and its customers and to
comply with legal obligations or governmental requests. Blowmold Central
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that are unacceptable, offensive or in violation of this
Agreement.
Blowmold Central also reserves the right to immediately
terminate any individual's use of the Website and/or such user's password(s) or
account(s) in the event of any conduct by such user which Blowmold Central, in
its sole discretion, considers to be unacceptable, or in the event of any breach
by such user of this Agreement. Such termination may occur without notice to the
user.
You agree to indemnify, defend and hold harmless Blowmold
Central from and against any and all claims, damages, costs or other expenses
that arise directly or indirectly out of or from your breach of this Agreement
your activities in connection with the Website or Website-related services.
Blowmold Central respects your privacy and is serious about
protecting the privacy of each individual who visits and submits information on
our Website. We are committed to maintaining confidentiality.
Blowmold Central will never sell, loan, rent,
trade, give away, or otherwise distribute your name, telephone number, mailing
address or email address, purchase history, or other personal information to any
other company or person. Please review our Privacy & Security section.
8. PURCHASES
If you wish to make purchases of products and/or services
described on the Website, you may be asked to supply certain information
including but not limited to credit card or other payment information. You
understand that any such information will be treated by Blowmold Central in the
manner described in its Privacy Policy. You agree that all such information you
provide will be true, accurate, complete and current. You agree to pay all
charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred. You will also
be responsible for paying any applicable taxes relating to your purchase(s). You
will also be responsible for paying any applicable fees incurred as a result of
your order (correction fee, etc.). Moreover, you agree to review and to comply
with the terms and conditions of any specific agreement that you enter into with
any merchant and/or service provider in connection with the licensing or
purchase of any product and/or service. Please review our Ordering
Information, Guarantee and Return Policy sections.
Information provided to operators of Linked Websites will not
be subject to the Blowmold Central Privacy Policy. It is your responsibility to
determine the privacy policies, if any, of such Linked Websites.
9. SUBMISSIONS
You acknowledge and agree that, by submitting any text, images,
data, or other materials ("Content") to Blowmold Central, you grant to
Blowmold Central a royalty-free, perpetual, irrevocable, non-exclusive,
worldwide right and license to link to, use, reproduce, transmit, modify, adapt,
publish, display, distribute, translate, and sublicense such material (in whole
or in part) and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. Further, by submitting Content to Blowmold
Central, you acknowledge that you have the authority to grant such rights to
Blowmold Central. The foregoing provisions regarding Content are for the benefit
of Blowmold Central, its subsidiaries, and its third party content providers and
licensors, and each shall have the right to assert and enforce those provisions
directly or on its own behalf.
10. SECURE
AREA & PASSWORD USAGE
Use of any password-protected area of the Website is restricted
to the individual who has been given permission and a password to enter such
area (the "Authorized Party"). The password cannot be distributed to
others, and the Authorized Party is responsible for any and all damages to
Blowmold Central resulting from the distribution of his or her password. If more
than one individual wishes to use a single password belonging to an Authorized
Party, such Authorized Party must request permission from Blowmold Central in
writing, it being understood that Blowmold Central shall be under no obligation
to approve any such request.
11. COMMENTS
Any comments, data, suggestions, or materials
("Feedback") sent to Blowmold Central, shall be deemed to be
non-confidential. Blowmold Central shall have no obligation of any kind with
respect to such Feedback and shall be free to reproduce, use, disclose, exhibit,
display, transform, create derivative works and distribute the Feedback to
others without limitation. Further, Blowmold Central shall be free to use any
ideas, concepts, know-how or techniques contained in such Feedback for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products incorporating such Feedback.
12. MODIFICATIONS
Blowmold Central shall have the right at any time to (a) change
the terms of this Agreement and/or Policies, Rules and Regulations, (b) change the Website, including eliminating or
discontinuing any content or feature of the Website, restricting the hours of
availability, or limiting the amount of use permitted, or (c) change any fees or
charges for use of the Website, including instituting new or increased fees or
charges for the use of the Website or any other Website-related services or any
feature thereof. Such changes, modifications, additions, or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the Website, or by electronic mail, or
by conventional mail. Your use of the Website after such notice shall be deemed
to constitute your acceptance of such changes, modifications, additions, or
deletions. You are expected to review this Agreement periodically to ensure
familiarity with the most current version.
13. MISCELLANEOUS
This Agreement is entered into in the State of New York and shall
be governed by and construed in accordance with the laws of the State of New
York, exclusive of its choice of law rules. Each party to this Agreement submits
to the exclusive jurisdiction of the state and federal courts sitting in the
City of Albany, in the State of New York, and waives any jurisdictional, venue
or inconvenient forum objections to such courts. In any action to enforce this
Agreement, the prevailing party will be entitled to costs and attorneys' fees.
In the event that any of the provisions of this Agreement are held by a court or
other tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof, and any and all prior or
contemporaneous written or oral agreements existing between the parties hereto
are expressly canceled. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. Any heading, caption, or paragraph title contained in this Agreement
is inserted only as a matter of convenience and in no way defines or explains
any paragraph or provision hereof.