The Convention Center Store, Inc.
Last Updated January 12, 2010
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.
4. Copyright; Trademarks
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.
5.3. 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.
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.
7.3. 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.
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.
8.5. 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.
8.9. 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. § 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
10. Applicable Law; Venue
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