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Please read these terms and conditions carefully. By accessing this
website you are indicating that you have read, acknowledge and agree to be bound by
these terms and conditions (also referred to as an "agreement" here). Your agreement
shown by accessing and using this website is as legally binding as if you signed a
written document. If you do not agree to all these terms and conditions, do not access
this website.
ArcticTulip.com and its affiliates may change these terms and
conditions, and you are responsible for regularly reviewing and complying
with them. Your continued use of this website constitutes your agreement
to all those terms and conditions.
PLEASE NOTE that this agreement contains important sections below,
including a provision requiring you to litigate all disputes relating to your
use of this website in New York, NY.
General Information
This website comprises various websites and pages
operated by ArcticTulip.com and the information contained
therein (together, the "website"). Certain sections of the website may
contain separate terms and conditions, which are in addition to this
agreement.
You should read those additional terms and conditions carefully.
By accessing such sections or pages, you agree to be bound by those
additional terms and conditions. In the event of a conflict, those
additional terms and conditions will govern your use of those sections
or pages.
We may terminate your access to the website or any part of it at
any time with or without notice, in our sole discretion.
You may not attempt to gain unauthorized access to the website,
or computer systems or networks connected to the website, through
hacking, password or data mining, or any other means to circumvent
security procedure. You may not use bots, spiders or intelligent
agent software (or other methods) for any purpose other than accessing
publicly posted portions of the website and then only as authorized
by the license we provide to you below under 'Proprietary Rights'.
Unauthorized use of our website and systems, including, but not
limited to, unauthorized entry into ArcticTulip.com's computer
networks and systems, or misuse of password is strictly prohibited.
'Unauthorized use' includes using the publicly available information
for purposes which are (I) not authorized by this agreement, or (II)
not consistent with the license set out below in the section titled
'Proprietary Rights'.
You may not use the website in any manner that could damage, disable,
overburden, or impair the website or any service we provide or interfere
with any other party's use and enjoyment of the website or any service
we provide.
You agree that any information you provide to us through the website
will be correct and complete.
The information and materials on the website may contain errors or
inaccuracies, including both typographical and substantive errors. We
reserve the right, in our sole discretion, without any obligation and
without any notice requirement, to discontinue, change, improve or correct
the information, materials and descriptions on the website and to suspend
or deny access to the website for scheduled or unscheduled maintenance,
upgrades, improvements or corrections. Any dated information is published
as of its date only, and we have no responsibility to update or amend
any such information.
Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE
ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS AND
ARE USED ONLY AT YOUR SOLE RISK.
WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE,
NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT
THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER,
EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING
(I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR
LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM
PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN
CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR
ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER
VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED
TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE,
DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE
WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT
AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES
CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD
PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
ARCTICTULIP.COM, AND ITS AGENTS AND LICENSORS
SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS
OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH
DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR
ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE,
(II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III)
ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION
OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES
OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON.
IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR
LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL
MORE THAN $500.00.
Notices
Our notices to you may include notice of important changes to this
agreement. We may send any notice to any address you provide, including
email addresses, so it is important that all such information you provide
to us be accurate.
Proprietary Rights
All right, title and interest in the website is the
exclusive property of ArcticTulip.com, except as otherwise stated.
You may not access, modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, frame, create derivative works from, transfer,
or otherwise use in whole or in part any part of the website, except for
the purposes expressly provided herein, without our prior written approval.
If you download any information or software from the website, you agree that
you will not remove or obscure any copyright or other notices or legends
contained in any such information.
You have a limited, personal, non-transferable, non-exclusive license
to view and copy the publicly accessible information on this website for
your personal noncommercial use, and only on one computer. You are not
permitted to resell or transfer any information obtained from this website
to anyone else. This license can be terminated by us at any time, at which
time you must destroy all copies of the licensed materials. This license
is conditioned on your continued adherence to all the terms of this agreement.
ArcticTulip.com, the ArcticTulip.com logo and
other ArcticTulip.com trademarks which appear on the website
are trade names and trademarks of ArcticTulip.com. The names
of other actual companies and third-party products or services
mentioned herein are the trade names or trademarks of their
owners.
You may not use any trademarks for any purpose including, but not limited
to, use as metatags on other sites on the World Wide Web without the prior written
permission of ArcticTulip.com or the third party which owns the marks.
ArcticTulip.com respects the intellectual property of others and asks that
our users do the same. It is the policy of ArcticTulip.com to respond expeditiously
to claims of intellectual property infringement by promptly processing and investigating
notices of alleged infringement and taking appropriate actions under the Digital
Millennium Copyright Act and other applicable intellectual property laws. If you
believe that your copyrighted work is accessible on the website in a way that constitutes
copyright infringement, you may notify us by providing our Copyright Agent with the
following information: 1) the electronic or physical signature of the owner of the
copyright or of the person authorized to act on the owner's behalf; 2) identification
of the copyrighted work or other intellectual property that you claim is being
infringed; 3) identification of the material that you claim is infringing; 4)
identification of the URL or other specific location on the website where the
material that you claim is infringing is located (please be as specific as possible);
5) your name, address, telephone number, and email address; 6) 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 7) a statement by you, made under
penalty of perjury, that the information in your notice is accurate and that you are
the copyright owner or are authorized to act on the copyright owner's behalf.
Use of Links
The website may contain links to and be linked from third-party websites. These links
are provided only as a convenience and do not imply an affiliation, sponsorship,
endorsement, approval, investigation, verification or monitoring by ArcticTulip.com of
any information contained in any third-party website. We are not responsible
for the information contained on that site or your use of or inability to use the
website. If you choose to connect to a third-party website, ArcticTulip.com makes
no warranties, either express or implied, concerning the content of such site, including
the accuracy, completeness, reliability, or suitability thereof for any particular purpose,
nor does ArcticTulip.com warrant that such site or content is free from any claims
of copyright, trademark, or other infringement of the rights of third parties or that
such site or content is devoid of viruses or other contamination. You should also be
aware that the terms and conditions of such site and the site's privacy policy may be
different from those applicable to your use of our website.
No Solicitation
The information on the website is made available for informational purposes
only. None of the information contained in the website constitutes a solicitation
or offer by ArcticTulip.com to buy or sell any securities or other financial
instruments or provide any investment advice. The information on the website is
limited to the dissemination of general information regarding products and
services.
The information and services provided on the website are not provided
to and may not be used by any person or entity in any jurisdiction where the
provision or use thereof would be contrary to applicable laws, rules or
regulations of any governmental authority or regulatory or self-regulatory
organization or clearing organization or where ArcticTulip.com is not
authorized to provide such information or services. Some products and services
described in the website may not be available in all jurisdictions or to all
clients.
Privacy
ArcticTulip.com respects your privacy. See the Privacy Policy for an
important description of the information, including your personal information,
we collect from you, and what we do with it. Your agreement to these terms and
conditions includes an agreement to our privacy policy.
Indemnification
You hereby indemnify and hold harmless ArcticTulip.com and its directors,
officers, employees, control persons, vendors, licensors and agents, from and
against any and all claims, actions, proceedings, losses, liabilities, damages,
costs and expenses (including reasonable attorney's and experts' fees and costs)
arising out of or related to (i) any use or access by you (or on your behalf) of
the website; (ii) any breach by you of any agreements, or representations and
warranties contained in these terms and conditions, (iii) any access to or use of
the website by you in violation of any rights of ArcticTulip.com or any third
party, including, but not limited to, copyright, patent, trade secret, trademark,
or other intellectual property rights and publicity and privacy rights, (iv)
any access to or use of the website by you in violation of any applicable law,
rule or regulation, or (v) any unauthorized access of, or through, the website
to any computer system.
Full and Complete Agreement Regarding Website
These terms and conditions represent the complete and exclusive statement of the
agreement between you and us regarding your rights to access and use the website,
and supersedes all prior agreements and representations (whether written or oral),
regarding this subject matter, except as is otherwise provided herein. This
agreement is in addition to, and does not nullify, any other agreement between
you and ArcticTulip.com governing the conduct of your relationship with
ArcticTulip.com.
Other Terms
No waiver, modification or amendment of any of these terms and conditions shall
be effective against ArcticTulip.com unless it is in writing and signed by
an authorized official of ArcticTulip.com. We do not waive any power or
right under this agreement even if we don't always insist on strict compliance
with any of these terms and conditions, or if we delay or fail to exercise any
power or right given to us in this agreement.
All rights and remedies given to ArcticTulip.com in these terms and
conditions are cumulative and not exclusive of any other rights or remedies
which ArcticTulip.com otherwise has at law or equity.
These terms and conditions shall be binding upon you and your executors, heirs,
successors and assigns.
These terms and conditions and your rights and obligations hereunder may not be
assigned by you without the prior written permission of ArcticTulip.com and
shall inure to the benefit of ArcticTulip.com's successors and assigns whether
by merger, consolidation or otherwise. ArcticTulip.com may assign this
agreement or any of its rights or obligations under these terms and conditions.
Any cause of action you may have with respect to your use of the website must be
commenced within one (1) year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision of these terms and
conditions to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of these terms and conditions, and
the remainder of these terms and conditions shall continue in full force and effect.
A printed version of these terms and conditions shall be admissible in judicial or
administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury Trial
This website is created and controlled by us in the State of New York, U.S.A. The laws
of the State of New York govern any disputes between you and us arising in connection
with this agreement, without giving effect to any principles of conflicts of laws.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED
TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE
RIGHTS TO A JURY TRIAL.
I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
© 2004 ArcticTulip.com. All rights reserved.
GUND and babyGUND are registered trademarks of Gund, Inc. All designs on
babyGUND pages are copyright Gund, Inc. (© 2004 Gund, Inc.) All babyGUND
jewelry, gift, ornament and tabletop products manufactured and marketed under
license by Jewelry Brands Group, LLC.
Unauthorized duplication is prohibited.
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