PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Acceptance of Agreement
Shimmy Mob, the Shimmy Mob logo and the products and services described in this Site in their entirety and without limitation are registered trademarks of Shimmy Mob and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shimmy Mob. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Shimmy Mob, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Shimmy Mob. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Products and names mentioned on the Site are trademarks of their respective owners.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site does NOT grant rights in whole or in part. Any content, form or document may NOT be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our directors, officers, staff, contractors, advertisers, product and service providers, and affiliates (collectively,"Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer and Limits
The information from or through the site is provided "as-is," "as available," and all warranties, express or implied, (including but not limited to implied warranties of merchantability and fitness for a particular purpose) are disclaimed to the fullest extent provided by applicable law. The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages except as otherwise required by law. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement. We do not provide legal advice nor do we enter into any attorney-client relationship. All responsibility or liability for any damages caused by viruses contained within an electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods and or services, You represent and warrant that if you are purchasing something from us or from Merchants on third party sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Use of Information
We may allow access to or advertise third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by other Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information, service or product appearing on merchant sites or any other site linked to our site.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants on third party sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
In using this Site, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites; o not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
- not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use another's account, service or system without authorization from Shimmy Mob, or create or use a false identity on this Site;
- not to transmit through or on this Site Spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to Canada export restrictions, that relate to your use of or activities on this Site.
Links to Other Web Sites
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in or the products or service provided on such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites,you do so at your own risk.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) 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.
Proposed Product and Service Offerings
All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered on the Site. We reserve the right in our sole discretion to determine how any products and services will be offered and awarded. This determination includes, without limitation, the scope, nature and timing of all such offers and awards.
Information and Press Releases
THE SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement is the complete agreement and supersedes all prior or contemporaneous understandings, negotiations and communication, whether oral or written, with respect to the subject matter hereof. Only SHIMMY MOB AND ITS PARTNERS may modify this Agreement, and it may make modifications at any time. Modifications will be in effect upon posting to the Site.
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