1. Binding Legal Agreement
D. We reserve the right to discontinue any aspect of the Sites, Interactive Services, or uses at any time.
2. Content and User Submissions, Defined
A. Illustrations, drawings, graphics, photos, images, and/or any other pictorial or other content including without limitation, applications, software, scripts, graphics, photos, sounds, music, audio, visual, audio-visual, effects, pictures, illustrations, interactive features and the like and/or text, suggestions, commentary, feedback and/or any other textual content including product ratings and reviews and all other data, profile information, documents, messages, forum postings, comments, questions, answers or other materials (“User Content”) that you or others submit, upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, to us are collectively referred to as “User Submissions”.
B. Any content on the Sites, other than User Submissions, including without limitation, the text, design, logos, button icons, images, software, scripts, graphics, photos, sounds, music, audio, visual, audio-visual, effects, pictures, illustrations, formulae and formulations, commentary, interactive features and the like, the selection and arrangement thereof, is referred to as “Content,” and all Sites and page headers, logos, custom graphics and button icons contained therein constitute our service marks, trademarks, and/or trade dress and are collectively referred to as “Marks”.
C. All Content is Copyright (c) 1991-2015 Tish & Snooky's N.Y.C. Inc., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Content is our exclusive property and protected by U.S. and international copyright laws. All software used on the Sites is our property or our software suppliers’ and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with us, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without our prior written permission is strictly prohibited.
D. The Marks may not be used in connection with any product or service that is not offered by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
3. Permissions and Restrictions for your Use of Sites
B. You agree not to:
1. Distribute, use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any part of the Sites (including but not limited to Content and User Submissions) or Interactive Services in any medium, other than as expressly permitted herein without our prior written consent, including any use, copying, or distribution of User Submissions obtained through the Sites or Interactive Services for any commercial purposes.
2. Alter or modify any part of the Sites, including but not limited to our technologies.
4. Circumvent, disable or otherwise interfere with security-related features of the Sites, Interactive Services or features that prevent or restrict use or copying of any Content and User Submissions or that enforce limitations on use of the Sites, Interactive Services, or the Content and User Submissions therein.
5. Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Sites in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. We reserve all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
6. Use our Interactive Services or other means to impersonate any person or entity, including, without limitation, any T&S official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
7. “Stalk” or harass any other user.
8. Use our Interactive Services or other means to collect, harvest or store any personally identifiable information or store personal data about other users from the Sites or Interactive Services, use the communication systems provided by the Sites or Interactive Services for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Sites or Interactive Services with respect to their User Submissions.
9. Use the Sites or Interactive Services for any commercial use without our prior written consent. Prohibited commercial uses include, but are not limited to, any of the following actions taken without our express written consent:
a. Sale of access to the Sites, Interactive Services, Content, User Submissions, or services via another website or medium (such as a mobile application);
b. Use of the Sites, Interactive Services, Content, User Submissions or services for the purpose of gaining advertising or subscription revenue;
c. The sale of advertising, on the Sites or any third-party Site, targeted to the content of specific User Submissions or the Content;
d. Any use of the Sites, Interactive Services, Content, User Submissions or services that we find, in our sole discretion, has the effect of competing with or displacing the market for the Sites, Interactive Services, Content or User Submissions.
4. Use of Content, Interactive Services, and User Submissions
A. The Content on the Sites, the Marks, Interactive Services and the User Submissions, are owned by, or licensed to, us, subject to copyright and other intellectual property rights under the law. Content on the Sites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, published, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent and/or that of the respective owners. We reserve all rights not expressly granted in and to the Sites, the Interactive Services, the Content and the Marks.
C. You understand that when using the Sites, you will be exposed to User Submissions from a variety of sources, and that you may be exposed to User Submissions that are inaccurate, offensive, unpalatable, inedible, unsafe, poisonous, indecent, or objectionable. You further understand and acknowledge that we are not responsible for the accuracy, usefulness, safety, taste, palatability, results, or intellectual property rights of or relating to such User Submissions and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites.
D. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
F. If your User Submission includes ideas, suggestions, documents or proposals to us through the Interactive Services, (a) such User Submission is not confidential or proprietary and we have no obligation of confidentiality, express or implied, with respect thereto; (b) we may have something similar to that User Submission already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Submission from us under any circumstances unless you are otherwise notified by us in writing.
G. You are solely responsible for all User Submissions. We will not accept User Submission from you unless you are a registered user of the Sites.
H. We provide the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. We are not liable for any statements, representations, or Content provided by our users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
J. We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review, posing a question, or participating on our community forum(s), please consider the following guidelines:
♦ Focus on the product and your individual experience using it;
♦ Provide details about why you like or dislike a product; and,
L. If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
M. As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
5. Your Representations & Warranties and Grant of License
A. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
♦ You further affirm, represent and warrant that you have no reason to believe that your User Submission infringes or violates any copyright, right of privacy, personality, publicity or other right of any person or entity.
♦ You agree to indemnify us, our affiliates, officers, shareholders, members, directors, publishers, licensees, sublicensees, representatives, and transferees for any breach of the above representations and warranties.
♦ You understand you are participating in a public forum and that your User Submission will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
♦ All "moral rights" that you may have in such User Submission have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the User Submission that you submit, or any derivative works of or upgrades or updates thereto;
♦ Any User Submission that you post is accurate; and,
You also represent and warrant that any User Submission you submit:
♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such User Submission under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party; "does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
For avoidance of doubt, you acknowledge that this perpetual, worldwide, royalty-free license is irrevocable and you will not be entitled to any royalties or other payment as a result of any efforts by us to exploit your User Submission in any manner whatsoever.
G. We may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between such third party and us. We do not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to us through the Interactive Services, do not necessarily reflect our views. By using the Sites, you expressly relieve us from any and all liability arising from your use of any third-party website.
H. The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of manicpanic.com for more information. Our products displayed on the Sites may be available in select Manic Panic retail stores in the U.S. and certain foreign markets. All prices displayed on manicpanic.com are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any of our goods or products it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation thereof.
J. While we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
K. All material and information we present is intended to be used for personal educational or informational purposes only. The U.S. Food and Drug Administration has not evaluated the statements made about products and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. We do not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
6. Termination Policy and Reservation of Rights
7. Copyright Infringement
We do not permit copyright infringing activities and infringement of intellectual property rights on our Site, and we will remove all Content and User Submissions if properly notified in a manner consistent with law and our Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Copyright Agent
Tish & Snooky’s N.Y.C. Inc.
c/o Law Office of Alan M. Harris
3278 Wilshire Blvd.
Los Angeles, CA 90010
You acknowledge that if you fail to comply with all of the requirements of this Section 7(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and,
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cleveland, New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
C. Repeat Infringers. We will terminate the access privileges of any user whom we deem, in our sole authority, has repeatedly infringed the copyright rights of others.
8. Warranty Disclaimer
You agree that your use of the Sites, Inter active Services or the products and services available therein shall be at your sole risk. The Sites, Content, User Submissions, and any products or services available on the Sites are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we, our managers, members, employees, licensors, suppliers, and agents disclaim all warranties, express or implied, in connection with the Sites or Interactive Services, the information, content, materials or products, included on the Sites or as part of the Interactive Services. and your use thereof, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. We make no warranties or representations about the accuracy or completeness of the Sites’ Content or the content of any sites linked to these Sites and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Sites and the products and services available therein, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Sites, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Sites by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Sites. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through any hyperlinked websites or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Price and availability information is subject to change without notice.
9. Limitation of Liability
The Sites are controlled and offered by us from our facilities in the United States of America. We make no representations that the Sites are appropriate or available for use in other locations. Those who access or use the Sites from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
12. Paid Products and Services
Some of our Sites allow you to purchase products and services from our suppliers or us. You will be asked to provide billing information (e.g., your credit card information) and to authorize a charge to your credit card for the applicable fees, taxes and shipping, as applicable. Generally, charges associated with your purchase of our products and services will appear on your credit card bill as Tish & Snooky’s N.Y.C. Inc. You represent and warrant that you have the right and authority to charge payment to the account associated with the credit card information you submit. If you have any questions about a purchase you made on our Sites and the corresponding credit card charges, please contact us at email@example.com. All sales are subject to our Terms of Sale, which are incorporated herein by reference in their entirety.
By using the Sites, you consent to receiving electronic communications from us. These communications will include notices about your account and information concerning or related to the Sites and/or our products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Governing Law, Arbitration and Statute of Limitations
Tish & Snooky’s N.Y.C.
21-07 Borden Avenue
Long Island City, NY 11101
17. Entire Agreement, Validity and Waiver