Ornaments with Love and OrnamentsWithLove.com are all service marks of Ornaments with Love LLC or its affiliates. All rights reserved. These and other OrnamentsWithLove.com photographs, graphics, logos and service marks and trademarks of OrnamentsWithLove.com LLC and its affiliates may not be used without prior written consent of Ornaments with Love LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on OrnamentsWithLove.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of OrnamentsWithLove.com is at User’s sole risk. Neither OrnamentsWithLove.com, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that OrnamentsWithLove.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of OrnamentsWithLove.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through OrnamentsWithLove.com.
THIS SITE IS PROVIDED BY OrnamentsWithLove.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. OrnamentsWithLove.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OrnamentsWithLove.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OrnamentsWithLove.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OrnamentsWithLove.com NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall OrnamentsWithLove.com or any other party involved in creating, producing, or distributing OrnamentsWithLove.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use OrnamentsWithLove.com, including but not limited to reliance by a User on any information obtained from OrnamentsWithLove.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to OrnamentsWithLove.com’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through OrnamentsWithLove.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS
User acknowledges that OrnamentsWithLove.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and OrnamentsWithLove.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
IV. ONLINE CONDUCT
User agrees to use OrnamentsWithLove.com only for lawful purposes. User is prohibited from posting on or transmitting through irnamentswithlove.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If OrnamentsWithLove.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), OrnamentsWithLove.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from OrnamentsWithLove.com. OrnamentsWithLove.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate OrnamentsWithLove.com; or (iii) to protect the rights or property of OrnamentsWithLove.com, its Users or Providers.
OrnamentsWithLove.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, OrnamentsWithLove.com, the communities that make up OrnamentsWithLove.com, or any rights of OrnamentsWithLove.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither OrnamentsWithLove.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither OrnamentsWithLove.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on OrnamentsWithLove.com.
VI. TERMINATION OF USAGE
OrnamentsWithLove.com may terminate User’s access, or suspend any User’s access to all or part of OrnamentsWithLove.com, without notice, for any conduct that OrnamentsWithLove.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or OrnamentsWithLove.com.
VII. USAGE BY CHILDREN UNDER 13
OrnamentsWithLove.com cannot prohibit minors from visiting this site. OrnamentsWithLove.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
VIII. APPLICABLE LAW
This site is created and controlled by OrnamentsWithLove.com in the State of Maryland. As such, the laws of the State of Maryland will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. OrnamentsWithLove.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Maryland and of the United States of America located in the State of Maryland for any litigation arising out of or relating to use of or purchase made through OrnamentsWithLove.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Maryland Courts and agrees not to plead or claim in any Maryland Court that such litigation brought therein has been brought in an inconvenient forum.