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Ownership of Content, Trademarks and Intellectual Property
’47 owns, controls, or licenses all right, title and interest in and to the Website and all content featured or displayed on the Website. The following elements of this website are the property of ‘47: All text, graphics, logos, button icons, images, photographs, illustrations, visuals, copy, data, audio clips, video, software, software code, digital downloads and data compilations (both individually and as they are compiled on the site) and the look and feel, design and organization of the Website (collectively the “Content”). The compilation of the Content shall be the property of ’47 and any copyrights, trademark rights, trade dress rights, patent rights, database rights, and other intellectual property or proprietary rights therein. The Website, its Content and all related rights shall remain the sole and exclusive property of ’47 or its licensors or affiliates.
The trademarks or trade dress of ’47 and our affiliates may not be used without our express written permission. Trademarks or trade dress include the 47 BRAND, LLC name and logo, and other graphics, logos, page headers, button icons, scripts, service names of 47 BRAND, LLC products, services, and products, and those of our affiliates. All other trademarks that appear on this site are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by us or our affiliates. Your unauthorized use or misuse of the trademarks displayed on the Website is strictly prohibited. Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Website is strictly prohibited unless you have received the express written permission of ’47. ’47 will enforce our intellectual property rights to the fullest extent of the law.
Your use of the Website does not grant you any ownership of, or a license to, any Content, compilation or intellectual property you may access on the Website. You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.47brand.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, are strictly prohibited. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Website. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site.
Use of the Website
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing ’47 to disclose the identity or other information of users and/or devices using or accessing the Website. YOU WAIVE AND HOLD HARMLESS ’47 AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that we do not control the User Content posted to the Website, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. ’47 is not obligated to review or remove User Content and you understand that, by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable.
From time to time, the Website may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by ’47. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by ’47. If you use these links, you will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available, error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE WEBSITE YOU DO SO ENTIRELY AT YOUR OWN RISK.
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information, or other material obtained through the Website for commercial purposes (other than as expressly permitted in writing by ’47); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Website; (f) restrict or inhibit any other user from using and enjoying the Website or the Website’s services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload post, transmit, reproduce, distribute or otherwise publish advertising material, pyramid schemes of any kind, or information which would constitute or contains false or misleading indications of origin, endorsement or statements of fact.
YOU AGREE THAT USE OF THE WEBSITE (AND ANY ELEMENT THEREOF) IS ENTIRELY AT YOUR OWN RISK. ’47 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES. THE WEBSITE, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY OR ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL ‘47 OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ‘47’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Disputes, Choice of Law and Jurisdiction
’47 may terminate, suspend, change, or discontinue your use/access to the Website at any time, with or without cause. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you occur prior to termination. ’47 reserves the right to terminate, suspend, change, or discontinue all or any aspect of the site at any time, for any reason or for no reason, at any time without notice.
Waiver and Severability
UNSOLICITED IDEAS SUBMISSION POLICY
‘47 does not accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid any potential misunderstandings when ’47’s products, services, advertising or branding might appear to be similar or identical to ideas submitted to ‘47.
Terms of Idea Submissions
If, despite the policy outlined above, you still choose to submit your ideas to ’47, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:
‘47 is always pleased to receive feedback about any of its current products, services, advertising or branding. Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that our Unsolicited Ideas Policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. ‘47 shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.
If you do not understand any of the foregoing terms or if you have questions or comments, we invite you to contact our Ecommerce Customer Service department at firstname.lastname@example.org or by phone at 1.781.702.2921.
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