The Convention Center Store, Inc.
Terms Of Use
Last Updated January 12, 2010
1. Introduction
1.1. Welcome to the Convention Center Place website (together with its associated websites, including without limitation www.conventioncenterstore.com, www.conventioncentercity.com and www.conventionalwisdom.us, and each of their successor websites, the " Site "). These Terms of Use set forth the agreement between The Convention Center Store, Inc. (" CCS " or " we " or " us " or " our ") and you, the user of the Site (" you " or " your ") governing your use of the Site. Please read these Terms of Use carefully before using the Site. By using the Site, you agree to be bound to each of the conditions in these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.
1.2. We may change these Terms of Use from time to time. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.
1.3. Please note that the Site is intended for adult use; if you are under the age of 13, you are prohibited from using the Site.
2. Purchases; Links; Third Party Websites
2.1. Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. We do not control or endorse any such third party websites. You agree that CCS, its parent, subsidiaries and other affiliated companies and their respective officers, directors, employees and other representatives (collectively, the " CCS Parties ") will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
2.2. Without limiting the foregoing, all purchases made on or through the Site are made through third party merchants, and all such transactions are solely between you and the applicable third party merchants. We will have no liability, obligation or responsibility related in any way to any such purchases. Your correspondence or business dealings with, or participation in promotions of, such merchants, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchants. You agree that The CCS Parties will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you hereby release the CCS Parties from all claims arising from such dealings. You will make purchases at your own risk.
3. Privacy
3.1. Use of the Site is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
4. Copyright; Trademarks
4.1. You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, " Materials "), are the property of us or our licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of us the respective copyright owner. We authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, " Marks ") contained or described on the Site are the sole property of us and/or our suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of us and/or our suppliers or licensors.
5. Disclaimer; Limitation of Liability
5.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS AND USER CONTENT (as defined below) CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CCS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.2. THE CCS PARTIES MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY INFORMATION, MATERIALS, USER CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL AND USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CCS PARTIES OR ON OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
5.3. THE CCS PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (a) AS A PUBLISHER OF INFORMATION, (b) AS A VENUE FOR THE PURCHASE OF ANY PRODUCTS OR SERVICES, (c) FOR ANY INCORRECT OR INACCURATE INFORMATION, (d) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (e) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (f) FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. IF NOTWITHSTANDING THE FOREGOING IT IS FOUND BY A COURT OF COMPETENT JURISDICTION THAT ANY OF THE CCS PARTIES ARE LIABLE TO YOU FOR DAMAGES, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE CCS PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES FOR THE CAUSES COMPLAINED OF, NOT TO EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION, SERVICES AND PRODUCTS OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
5.4. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
5.5. The provisions of this Section 5 are for the benefit of all of the CCS Parties, and each CCS Party will have the right to assert and enforce these provisions directly against you on its own behalf.
6. Indemnification
6.1. You agree to indemnify, defend and hold harmless the CCS Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of these Terms of Use, your infringement or violation of any rights of another, termination of your access to the Site, or any purchases you make through the site.
7. Site Usage; Termination of Usage
7.1. You may be required to establish an account on the Site in order to take advantage of certain features of the Site. If you provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.
7.2. You may be required to create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us. Without limitation to any other provision of these Terms of Use, the CCS Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7.3. You agree to use the Site only for lawful purposes, and agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
7.4. We make no representation that Materials contained on the Site or products described on the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not the CCS Parties, are responsible for compliance with applicable local laws.
7.5. These Terms of Use, as we may update them from time to time, are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We may terminate or suspend these Terms of Use, at any time, without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any applicable law or your use is harmful to the interests of another user or the CCS Parties. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the terms of use or otherwise. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the CCS Parties will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
7.6. Those terms and conditions of these Terms of Use which by their express terms or nature are intended to survive the termination of these Terms of Use will survive their termination.
8. User Content and Conduct
8.1. Where applicable at the Site, we may invite you and others to post their own content (" User Content "). For the purposes of this Section 8.1, the term "User Content" will include any articles, documents and other materials on the Site posted by or on behalf of parties other than us.
8.2. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, we cannot and do not guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will we be liable in any way for any User Content, including any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. WE ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.
8.3. By posting any User Content at the Site, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You specifically waive any "moral rights" in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.
8.4. You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms of Use; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the CCS Parties, users of the Site or the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
8.5. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. We will not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. WE WILL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT WE MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
8.6. You agree that you will not use the Site to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including a representative of CCS, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) "stalk" or otherwise harass another;
(l) collect or store personal data about other Site users; or
(m) gain access to unauthorized areas of the Site or our network or servers.
8.7. We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person.
8.8. You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. We do not endorse or have control over the User Content. User Content is not reviewed by us prior to posting and does not reflect our opinions or policies. We make no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. We assume no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the User Content, have no obligation to modify or remove any inappropriate User Content, and have no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, we and our designees will have the right to remove any User Content that we believe violates these Terms of Use or is otherwise objectionable, in our sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.
8.9. You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in our sole discretion.
9. Intellectual Property Infringement Claims
9.1. We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes the infringement of your copyright or other intellectual property rights, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ยง 512(c)(2), to the physical address or email address provided below:
(a) a physical signature of the person authorized to act on behalf of the owner of the intellectual property right;
(b) a description of the material that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
The Convention Center Store, Inc.
10 Ladyslipper Lane
Acton, MA 01720
copyright.agent@conventioncenterstore.com
10. Applicable Law; Venue
10.1. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the Commonwealth of Massachusetts and further agree that any cause of action arising from or relating to the use of the Site or these Terms of Use will be brought exclusively in the Federal or State Courts residing in Middlesex County, Massachusetts.
10.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CCS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THESE TERMS OF USE OR THE SITE. IN ADDITION, NEITHER YOU NOR CCS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
11. Miscellaneous
11.1. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
11.2. When used in these Terms of Use, the term "including" will be deemed to be followed by the words "without limitation."
11.3. These Terms of Use constitute the entire and only agreement between us and you with respect to the subject matter of these Terms of Use and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms of Use. Except as provided in Section 1.2, these terms of use may only be amended by written agreement executed by an authorized officer of CCS.
11.4. The failure of any of the CCS Parties to insist upon strict adherence to any term of these Terms of Use will not constitute a waiver of such term and will not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
* * * * * |
