The following Terms of Use
contain the complete terms and conditions that
apply to an individual's or entity's use
of Holiday Tins & Containers site. As used in
this Agreement, "We," "Us" or "Our" refers to Holiday
Tins & Containers, and "You" or "Your"
refers to the user. "Site" means any Holiday
Tins & Containers site posted on the World Wide
Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of
these terms and conditions and Your waiver of
any and all claims against Holiday Tins &
Containers, its parents, subsidiaries,
affiliates, contractors, agents, officers,
directors or employees arising out of Your use
of Our Site or any materials, information,
opinions or recommendations contained on Our
Site.
2. MODIFICATION
We may modify any of the terms and conditions in
these Terms of Use, at any time and in Our sole
discretion, by posting a change notice or a new
user agreement on Our Site. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED
USE OF OUR SITE FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES
BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text,
graphics, logos, button icons, images, audio
clips and software, is Our property or that of
Our content suppliers and is protected by U.S.
and international copyright laws. The
compilation (meaning the collection, arrangement
and assembly) of all content on Our Site is Our
property protected by U.S. and international
copyright laws. All software used on Our Site is
Our property or that of Our software suppliers
and is protected by U.S. and international
copyright laws. You may electronically copy and
print in hard copy portions of Our Site for the
limited purpose of placing an order with Us or
using it as a shopping resource. Any other
use-including reproduction for purposes other
than those noted above, modification,
distribution, transmission, republication,
display or performance-of the content on a Site
without Our prior written permission is strictly
prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure
to comply with the above restrictions, may
result in severe civil and criminal penalties.
Unauthorized duplication of the software
constitutes copyright infringement and, in the
United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000
and imprisonment for up to five (5) years. In
addition, federal civil penalties allow the
recovery of actual damages based on the number
of copies produced plus the profits of the
infringer, or statutory damages of up to
U.S.$100,000 for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE OPERATION OF OUR
SITE OR THE INFORMATION, CONTENT, SOFTWARE OR
MATERIALS AVAILABLE ON OUR SITE (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS,
MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED
WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS
PROVIDED THROUGH OUR SITE OR FOR THE SITES OF
OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited
material, product suggestions or original or
creative ideas (collectively, "Materials")
submitted through Our Site. If despite this
policy you submit any such Materials, We will
deem it Our property. We will not treat the
Materials as confidential, and We will not be
liable for any use or disclosure of such
Materials. Without limitation, We will own the
exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials
for any purpose, commercial or otherwise,
without compensation to the submitter of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF
REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN
CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT
EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR
ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless Holiday Tins &
Containers, its parents, subsidiaries,
affiliates, contractors, agent, officers,
directors and employees against all claims,
losses, damages, liabilities, costs and expenses
(including reasonable attorneys' fees and costs)
made due to or arising out of a violation of
these Terms of Use or Your use of this Site,
including, without limitation, any claim arising
out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or
enforce strict performance of any provision or
right under the terms and conditions of these
Terms of Use, it will not be construed as a
waiver of any provision or right; rather, the
same will be and remain in full force and
effect.
8.2 Choice of Law. These Terms of Use will be
interpreted, construed and enforced in all
respects in accordance with the laws of the
State of Washington to the exclusion of any
other law which may be imputed in accordance
with choice of law rules applicable in any
jurisdiction. The 1980 U.N. Convention on
Contracts for the International Sale of Goods or
any successor thereto does not apply to these
Terms of Use. For any suit or claim pertaining
to these Terms of Use or any information
furnished hereunder, You irrevocably consent to
the jurisdiction and venue of any state or
federal court sitting in King County,
Washington, USA, and You will not commence an
action or proceeding relating to the subject
matter of these Terms of Use in any other
jurisdiction.
8.3 English Language Governs. It
is the express wish of the parties that these
Terms of Use be drawn up in English. C'est la
volonté explicite des parties que ces termes
d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use
will not be interpreted or construed to create
or evidence a partnership, joint venture or
franchise relationship among the parties or as
imposing any partnership or franchiser
obligation or liability on either party.
8.5 Compliance With Laws. You will comply at
Your own expense with all statutes, regulations,
rules, ordinances and orders of any governmental
body, department or agency that apply to or
result from Your use of Our Site.
8.6. Severability. If any provision of these
Terms of Use will be unlawful, void or for any
reason unenforceable, then that provision will
be deemed severable from and will not affect the
validity and enforceability of any remaining
provisions.
OUR ADDRESS:
Holiday Tins & Containers
PO BOX 1351
BELLAIRE, TX, 77402 |
