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Welcome
to the Kingscages Plucknomore.com terms and conditions, which apply
to your use of the Kingscages Plucknomore.com Website. By accessing
this Website, you agree to be bound by them. DEFINITIONS
"Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via
the Website; "User(s)" means (a) user(s) of the Website
either collectively or individually, as the context requires; "We/us/our"
means Kingscages Plucknomore.com, "Website" means the
website located at http://www.kingscages.com/shop or any subsequent
URL which may replace it; and "You/your" means you as
a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance with
these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal
purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer
viruses, macro viruses, trojan horses, worms or anything else designed
to interfere with, interrupt or disrupt the normal operating procedures
of a computer;
2.1.3 will not upload or transmit through the Website any material
which is defamatory, offensive, or of an obscene or menacing character,
or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website
to be interrupted, damaged, rendered less efficient or such that
the effectiveness or functionality of the Website is in any way
impaired;
2.1.5 will not use the Website in any manner which violates or infringes
the rights of any person, firm or company (including, but not limited
to, rights of intellectual property, rights of confidentiality or
rights of privacy);
2.1.6 agree that in the event that you have any right, claim or
action against any Users arising out of that User's use of the Website,
then you will pursue such right, claim or action independently of
and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us
against) all claims, liability, damages, losses, costs and expenses,
including legal fees, suffered by us and arising out of any breach
of the Conditions by you or any other liabilities arising out of
your use of the Website, or the use by any other person accessing
the Website using your PC or internet access account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website
(or any part of) with or without notice to you and you confirm that
we shall not be liable to you or any third party for any modification
to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued
use of the Website (or any part of) following such change shall
be deemed to be your acceptance of such change. It is your responsibility
to check regularly to determine whether the Conditions have been
changed. If you do not agree to any change to the Conditions then
you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website.
The Website is subject to change from time to time. You will not
be eligible for any compensation because you cannot use any part
of the Website or because of a failure, suspension or withdrawal
of all or part of the Website due to circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide
links to other websites or resources. You acknowledge and agree
that we are not responsible for the availability of such external
sites or resources, and do not endorse and are not responsible or
liable, directly or indirectly, for the privacy practices or the
content (including misrepresentative or defamatory content) of such
websites, including (without limitation) any advertising, products
or other materials or services on or available from such websites
or resources, nor for any damage, loss or offence caused or alleged
to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external sites
or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity
and content associated with the Website. We may investigate any
reported violation of these Conditions or complaints and take any
action that we deem appropriate (which may include, but is not limited
to, issuing warnings, suspending, terminating or attaching conditions
to your access and/or removing any materials from the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply
with applicable UK Data Protection legislation from time to time
in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government
authority investigating suspected illegal activities, or upon receipt
of a court order, to provide your Personal Information and/or information
concerning your activities whilst using the Website we shall do
so; and
7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the Website in relation to any, or any threatened,
Court Proceedings in connection with your use, or the use of anyone
under your control, of the Website whether in connection with the
matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and
all other intellectual property rights in all material or content
supplied as part of the Website shall remain at all times vested
in us or our licensors. You are permitted to use this material only
as expressly authorised by us.
8.2 The Website is Copyright, Kingscages Plucknomore.com, 2003.
All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to Kings Cages, L.P. 375 Old Bridge Turnpike East
Brunswick, NJ 08816 USA;
9.1.2 by email to shop@kingscages.com
9.2 As proof of sending does not guarantee our receipt of your notice,
you must ensure that you have received an acknowledgement from us,
which will be sent within 3 working days of our receipt and should
be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY
OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as
available" basis without any representation or endorsement.
Unless specified in separate terms and conditions related to a particular
product or service, we make no warranties of any kind, whether express
or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including
free software downloads) including but not limited to, implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or completeness, or
any implied warranty arising from course of dealing or usage or
trade.
10.3 Unless specified in separate terms and conditions related to
a particular product or service, we make no warranty that the Website
or products or services offered on the Website whether by us or
on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free,
that defects will be corrected, or that the Website or the server
that makes it available or products or services offered on the Website
whether by us or on our behalf (including free software downloads)
are free of viruses or bugs or are fully functional, accurate, or
reliable. We will not be responsible or liable to you for any loss
of content or material as a result of uploading to or downloading
from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing
shall limit your rights as a consumer under United States law.
10.5 You acknowledge that we cannot guarantee and therefore shall
not be in any way responsible for the security or privacy of the
Website and any information provided to or taken from the Website
by you.
10.6 We will not be liable in contract, tort or otherwise if you
incur loss or damage connecting to the Website through a third party's
hyper-text link.
10.7 We will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other
than fraudulent misrepresentations) or otherwise out of or in connection
with the Website or products or services offered on the Website
whether by us or on our behalf (including free software downloads)
for:
10.7.1 any economic losses (including without limitation loss of
revenues, profits, contracts, business or anticipated savings);
or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case
whether or not such losses were within the contemplation of either
of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability
for death or personal injury resulting from our negligence or that
of our servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or
for any reason unenforceable, then that provision shall be deemed
to be severable from these Conditions and shall not effect the validity
and enforceability of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those
provisions is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire
agreement between you and us relating to the subject matter covered
and supersede any previous agreements, arrangements, undertakings
or proposals, written or oral, between you and us in relation to
such matters. No oral explanation or oral information given by either
of us shall alter the interpretation of these Conditions. You confirm
that, in agreeing to accept these Conditions, you have not relied
on any representation save insofar as the same has expressly been
made a representation in these Conditions and you agree that you
shall have no remedy in respect of any misrepresentation which has
not become a term of these Conditions save that your agreement contained
in this Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in
accordance with the laws of United States whose Courts will have
exclusive jurisdiction in any dispute, save that we have the right,
at our sole discretion, to commence and pursue proceedings in alternative
jurisdictions. |
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