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PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
(the "Site"). This Site at teddyhugs.com is fully controlled
and operated by Beckett Commerce , a division of Beckett Incorporated
International, Inc. ("Beckett Commerce "). By accessing and
using this Site, you are hereby agreeing to be legally bound by the
terms and conditions of Beckett Commerce . If you do not agree with
all of the following terms and conditions, please do not use this Site.
We
reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such changes and/or modifications
shall become effective immediately upon the posting thereof. Please
review the terms and conditions periodically. Your continued use of
the Site following the posting of changes and/or modifications will
constitute your acceptance of the revised terms and conditions. For
your information, this page was last updated on November 20, 2004.
OWNERSHIP
OF INTELLECTUAL PROPERTY
All
site software, design, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, or other copyrightable
elements, and the selection and arrangements thereof, and trademarks,
service marks and trade names (the "Material") are the property
of Beckett Commerce and/or its subsidiaries, affiliates, assigns, licensors
or other respective owners and are protected, without limitation, pursuant
to U.S. and foreign copyright and trademark laws. Beckett Commerce hereby
grants you a personal, non-exclusive, non-assignable and non-transferable
license to use and display, for noncommercial and personal use only,
one copy of any material and/or software that you may download from
this Site, including, without limitation, any files, codes, audio or
images incorporated in or generated by the software provided that you
maintain all copyright and other notices contained in such Material.
You agree not to reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate any
Material to any third party (including, without limitation, the display
and distribution of the Material via a third party website) without
the express prior written consent of Beckett Commerce . Use of Beckett
Commerce and/or its licensors' Material is only permitted with their
express written permission. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Material. Any unauthorized
or prohibited use may subject the offender to civil liability and criminal
prosecution under applicable federal and state laws.
CHATROOM/MESSAGE
BOARDS
To
the extent that portions of this Site provide users an opportunity to
post and exchange information, ideas and opinions (the "Postings"),
please be advised that Postings do not necessarily reflect the views
of Beckett Commerce . In no event shall Beckett Commerce assume or have
any responsibility or liability for any Postings or for any claims,
damages or losses resulting from their use and/or appearance on this
Site. You hereby represent and warrant that you have all necessary rights
in and to all Postings you provide and all information they contain
and that such Postings shall not infringe any proprietary or other rights
of third parties or contain any libelous, tortious, or otherwise unlawful
information.
You
hereby authorize Beckett Commerce to use, and authorize others to use,
your Postings in whole or in part, throughout the universe in perpetuity
in any and all media, now known or hereafter devised, alone, or together
or as part of other material of any kind or nature. Without limiting
the foregoing, Beckett Commerce will have the right to use and change
the Postings in any manner that Beckett Commerce may determine. Additionally,
Beckett Commerce may sweep its chatrooms and/or message boards periodically
in its sole discretion.
Beckett
Commerce does not allow Postings which contain:
private
or personal information which might identify a user
profanity or obscenities
personal attacks on other individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing
comments; and/or
other information that Beckett Commerce deems in its sole discretion
to be inappropriate for this Site.
The chatrooms/message boards may be used for noncommercial purposes
only. Users may not post any information intended to promote and/or
generate revenue for any third party business activity. Although Beckett
Commerce periodically monitors the content posted on this Site, we cannot
be responsible for the views or opinions expressed by third parties.
Nonetheless, Beckett Commerce will make every effort to ensure that
the chatrooms/message boards best serve the interests of all users and,
therefore, Beckett Commerce reserves the right to refuse to post, edit,
or delete messages that violate the above-referenced Rules of Participation,
as well as revoke the privileges of users who do not comply with such
rules.
CONTESTS,
SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
Beckett
Commerce provides Rules of Participation for certain activities on this
Site including, without limitation, contests, sweepstakes and electronic
postcards by Beckett Commerce and in conjunction with third parties.
This Agreement is incorporated by reference to the specific Rules of
Participation which appear in connection with information about a particular
activity. To the extent that any conflict exists between this Agreement
and specific Rules of Participation, the Rules of Participation for
the activity in which you choose to participate shall govern.
DISCLAIMER
AND LIMITATION OF LIABILITY
THIS
SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Beckett Commerce is not responsible or liable for any infections
or contamination of your system, or delays, inaccuracies, errors, or
omissions arising out of your use of this Site or with respect to the
information and material contained on this Site. The entire risk as
to the quality, accuracy, adequacy, completeness, correctness and validity
of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Beckett Commerce , ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES,
AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES
OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS
SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Beckett
Commerce OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event
shall Beckett Commerce ’s liability to you for any and all claims,
damages, losses, and causes of action (whether in contract, tort or
otherwise) exceed the amount paid by you, if any, for accessing this
Site.
THIRD PARTY HYPERLINKS
The
appearance of external hyperlinks generated by third parties does not
constitute endorsement by Beckett Commerce , its subsidiaries and affiliates
of the opinions or views expressed by these third party websites and
Beckett Commerce does not verify, endorse, or take responsibility for
the accuracy, currency, completeness or quality of the content contained
at these sites. Furthermore, Beckett Commerce is not responsible for
the quality or delivery of the products or services offered, accessed,
obtained by or advertised at such sites. As such, neither Beckett Commerce
nor its subsidiaries and affiliates will be responsible for any errors
or omissions or for the results obtained from the use of such information
contained in these sites. Finally, Beckett Commerce will under no circumstances
be liable for any direct, indirect, incidental or special loss or other
damage, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights, caused
by the exhibition, distribution or exploitation of any information or
content contained within these third party hyperlinked sites.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless, Beckett Commerce , its
affiliates, and their respective officers, directors, employees, agents,
licensors, representatives, and third party providers to the Site from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this agreement by you.
Beckett Commerce reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter subject to indemnification
by you, in which event you will fully cooperate with Beckett Commerce
in asserting any available defenses.
MISCELLANEOUS
Beckett
Commerce operates and controls this Site from its offices at 1039 Buckey
Ridge Pl., Colfax CA 91713, United States of America. This Site is intended
for residents of the United States only. No software from this Site
may be downloaded, exported or re-exported in violation of any law including,
without limitation, to countries that are subject to U.S. export restrictions.
This
Agreement contains the entire understanding and supersedes all prior
understanding of the parties hereto relating to the subject matter hereof,
and cannot be changed or terminated orally. If any provision of this
Agreement is found to be illegal or unenforceable, the Agreement will
be deemed curtailed to the extent necessary to make it legal and enforceable
and will remain, as modified, in full force and effect. This Agreement
and all matters or issues collateral thereto will be governed by, construed
and enforced in accordance with the Laws of the State of California
applicable to contracts executed and performed entirely therein (without
regard to any principles of conflict of laws), and jurisdiction for
any court action in the State of California and County of Placer.
Beckett
Commerce is a member of the Beckett Incorporated family of companies.
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