This page states the Terms and Conditions under which you
may use this Web Site. Please read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use the Web Site. The Web Site is provided by
Strictly Cats, a joint
venture, (herein after "The Company") may
revise these Terms and Conditions at any time by updating this posting. You should visit
this page periodically to review the Terms and Conditions, because they are binding on
you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the material on this
Web site ("Web Site") solely for your personal, noncommercial use. Special rules
may apply to the use of certain software and other items provided on the Web Site. Any
such special rules or specific caveats are published where appropriate in
the site content as "Legal Notices" and such are
incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material
("Material"), are protected by copyright under both United States and foreign
laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
You must retain all copyright and other proprietary notices contained in the original
Material on any copy you make of the Material. You may not sell or modify the Material or
reproduce, display, publicly perform, distribute, or otherwise use the Material in any way
for any public or commercial purpose. The use of the Material on any other Web site or in
a networked computer environment for any purpose is prohibited. If you violate any of
these Terms, your permission to use the Material automatically terminates and you must
immediately destroy any copies you have made of the Material. You may also
be subject to damages.
Section 2. Company’s Liability.
The Material may contain inaccuracies or typographical errors. Company makes no
representations about the accuracy, reliability, completeness, or timeliness of the
Material or about the results to be obtained from using the Web Site and the Material. The
use the Web Site and the Material is at your own risk. Changes are periodically made to
the Web Site and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
EXPLOITS. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN
'AS IS’ BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS
SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR THIRD PARTIES MENTIONED AT THIS SITE BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site
or provide to the Web Site for publication is considered to be
non-confidential. If particular Web pages permit the submission of communications which
will be treated by Company as confidential, that fact will be stated in "Legal
Notices" on those pages. By posting communications to the Web Site, or
submitting visual or text content, you automatically
grant Company a royalty-free, perpetual, irrevocable, nonexclusive license to use,
reproduce, modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights through multiple tiers of
sub-licensees.
As a User, you are responsible for your own communications and are responsible for the
consequences of their posting. You must not do the following things: Post material that is
copyrighted, unless you are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless you own them or have
the permission of the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; post material
that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability
of any of communications posted by other Users or endorse any opinions expressed by Users.
You acknowledge that any reliance on material posted by other Users will be at your own
risk.
Company does not screen
posted communications in advance and is not responsible for screening
or monitoring material posted by Users. If notified by a User of communications which
allegedly do not conform to this Agreement, Company may investigate the allegation and
determine in good faith and its sole discretion whether to remove or request the removal
of the communication. Company has no liability or responsibility to Users for performance
or nonperformance of such activities. Company reserves the right to expel Users and
prevent their further access to the Web Site for violating this Agreement or the law, and
the right to summarily remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided solely
as a convenience to you and not as an endorsement by Company of the contents on such
third-party Web sites, unless so endorsed on the web page where the link
appears. Regardless, Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy of materials
on such third party Web sites. If you access linked third-party Web sites, you
do so at your own risk.
Section 6. Software Licenses.
Any software that is made available for downloading from the Web Site
("Software") is probably protected by copyright and may be protected by other rights. The
use of such software is governed by the terms of the software license agreement or
designated "Legal Notice" accompanying such software ("License
Agreement"). The downloading and use of such software is conditioned on your
agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the
aggregate liability for Company to you for all claims arising from the use of the
Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your use of
the Material (including Software) or your breach of the terms of this Agreement. The
Company shall provide notice to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree to comply
with such restrictions and not to export or re-export the Materials (including Software)
to countries or persons prohibited under the export control laws. By downloading the
Materials (including Software), you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export is prohibited. You are
responsible for compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of the Product.
The
Company will use current, state-of-the-art technical applications
and physical security procedures to safeguard any private
information you provide to the Company from unauthorized access.
The Company may
retain and use the information you submit relating to you, including your IP
address, name, mailing address, email address, credit card information, and
use of the Web Site, for its internal business and marketing
purposes. The Company will not sell your individual information or disclose any information obtained
from you to any third parties without prior notice to you, unless such
undeclared disclosure is mandated by law.
Section 11. General.
The Company makes no claims the
Materials are appropriate or may be downloaded outside of the United States. Access to the
Materials (including Software) may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United States, you do so at your
own risk and are responsible for compliance with the laws of your jurisdiction.
This Web Site is based in
New York, New York, USA. This
Agreement is governed by the substantive laws of the State of New
York, USA. If any provision of this Agreement is found to
be invalid by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term. Except as expressly provided
in particular "Legal Notices" on particular Web pages, or in Software Licenses
associated with downloads, this Agreement constitutes the entire Agreement between you and the Company with
respect to the use of Web Site. Any variations from this Agreement must be made in writing,
signed by an authorized representative of the Company.
