Down Etc reserves the right, at any time, to modify, alter, or update the terms and conditions contained in these Site Terms, and you agree to be bound by such modifications, alterations, or updates. Notice of any modification of these terms will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice.
3. Privacy Policies.
4. Copyright and License.
All design, text, graphics, interfaces, and the selection and arrangements thereof (the “Materials”) are © 1999-2007 Down Etc and/or its licensors. ALL RIGHTS RESERVED. Unless otherwise specified, the content on this Site is for your personal and non-commercial use; Down Etc grants you a limited, non-sub licensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. Any other use of Materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Down Etc is strictly prohibited. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
5. Trademarks and Service Marks.
All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to Down Etc or other respective owners that have granted Down Etc the right and license to use such Marks. The Marks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with or connected to Down Etc Any reference to products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is not an indication or endorsement by Down Etc unless otherwise indicated.
The Site may allow you to post reviews or comments concerning Down Etc, and may allow you to send materials to us, including for use on the Site. You agree that Down Etc is free to use any comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site (each, a “Submission”) without compensation, acknowledgement, or payment to you for any purpose whatsoever. Furthermore, you agree that Submissions are non-confidential (provided that personal information non-exclusive, fully paid, royalty-free, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Submissions throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submission and that the submission of any such materials to us, irrevocably waives any and all "moral rights" in your Submissions, including the rights of paternity and integrity. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Down Etc will not infringe on or violate the rights of any third party, and that you will indemnify us against any liability or losses arising out of our use of your Submissions in accordance with these Site Terms. Please do not submit Submissions to us if you do not understand and agree with these provisions.
7. Your Account.
9. No Warranties.
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS; DOWN ETC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUS FROM ANY DOWNLOAD.
10. Limited Liability.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF PROFITS AND LOSS OF DATA, REGARDLESS OF WHETHER THE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION WILL APPLY WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS THEREIN.
11. Applicable Law and Venue.
These Site Terms and any transactions hereunder shall be governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state court located in the County of San Mateo, California, or federal court in the Northern District of California, San Jose Branch, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
12. General Terms.
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.