 |
Terms And Conditions of Use
General Terms of Use and Restrictions on
Use of Materials
By using the IgotMold.com Website, you agree to be legally bound
and to abide by the Terms of Use, just as if you had signed this
Agreement. If you do not comply with the Terms of Use at any time,
IgotMold.com reserves the right to limit your access to the IgotMold.com
Website. IgotMold.com may discontinue or alter any aspect of the
IgotMold.com Website, including, but not limited to, (i) restricting
the time the IgotMold.com Website is available, (ii) restricting
the amount of use permitted, and (iii) restricting or terminating
any user's right to use the IgotMold.com Website, at IgotMold.com'
sole discretion and without prior notice or liability.
In order to permit IgotMold.com to protect the quality
of its products and Websites, you hereby consent to IgotMold.com
employees being able to access your account and records on a case
by case basis to investigate complaints or other allegations or
abuse.
You acknowledge that the IgotMold.com Website may
contain information, software, photos, video, text, graphics, music,
sounds or other material (collectively, "Content") that
are protected by copyrights, patents, trademarks, trade secrets
or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or here
after developed. All Content is copyrighted as a collective work
under the U.S. copyright laws, and IgotMold.com owns a copyright
in the selection, coordination, arrangement and enhancement of such
Content.
Links
The IgotMold.com Website may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because IgotMold.com
has no control over such sites and resources, you acknowledge and
agree that IgotMold.com is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that IgotMold.com shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
DISCLAIMER
IgotMold.com uses diligent efforts to maintain the IgotMold.com
Website, but IgotMold.com is not responsible for any defects or
failures associated with the IgotMold.com Website or any damages
(such as lost profits or other consequential damages) that may result
from any such defects or failures. In addition, IgotMold.com makes
no guarantees as to the sites and information located worldwide
throughout the Internet to which you may access as a result of the
use of the IgotMold.com Website, including as to the accuracy, content,
or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS
OF WARRANTIES:
THE IGOTMOLD WEBSITE IS PROVIDED "AS IS" AND YOU USE IT
AT YOUR SOLE RISK. IGOTMOLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, IGOTMOLD MAKES NO WARRANTY THAT
THE IGOTMOLD WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED
FROM THE USE OF THE IGOTMOLD WEBSITE WILL BE ACCURATE OR RELIABLE,
OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED THROUGH THE IGOTMOLD WEBSITE WILL MEET YOUR EXPECTATIONS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION,
OBTAINED BY YOU THROUGH THE IGOTMOLD WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IGOTMOLD SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF IGOTMOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE IGOTMOLD
WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE IGOTMOLD WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE IGOTMOLD WEBSITE; OR (v) ANY OTHER MATTER RELATING
TO THE IGOTMOLD WEBSITE. IN NO EVENT SHALL IGOTMOLD' TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE
FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE
TO INDEMNIFY, DEFEND AND HOLD IGOTMOLD AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS,
LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS FEES) ARISING FROM YOUR USE OF THE IGOTMOLD WEBSITE, YOUR
VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT
BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY
OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY
NOTIFY IGOTMOLD OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER
BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that IgotMold.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the IgotMold.com
Website, and remove and discard any Content within the IgotMold.com
Website, for any or no reason. IgotMold.com may also in its sole
discretion and at any time discontinue providing the IgotMold.com
Website, or any part thereof, with or without notice. You agree
that any termination of your access to the IgotMold.com Website
under any provision of this Terms of Use may be effected without
prior notice, and acknowledge and agree that IgotMold.com may immediately
deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files
or the IgotMold.com Website. Further, you agree that IgotMold.com
shall not be liable to you or any third-party for any termination
of your access to the IgotMold.com Website.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed
by and construed and enforced in accordance with the laws of the
State of California, without regard to its conflicts of laws principles.
The parties expressly disclaim application of the United Nations
Convention on Contracts for the International Sale of Goods. ANY
SUIT, ACTION OR PROCEEDING CONCERNING THE IGOTMOLD WEBSITE, ITS
USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY
OR PROCEDURE OF IGOTMOLD, MUST BE BROUGHT IN A COURT OF COMPETENT
JURISDICTION IN LOS ANGELES, CALIFORNIA (OR THE APPRPRIATE FEDERAL
COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS
THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY
WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION
WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF
ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY
SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT
HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
IgotMold.com respects the intellectual property of others, and we
ask our users to do the same. IgotMold.com may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe
the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please contact IgotMold.com’s agents.
|
|
