If you intend to submit any content to the Website or link or refer to the Website using social media, please carefully review the terms in Sections 5 and 6 below.
3. Intellectual Property Rights
The Website displays and utilizes various types of proprietary content and materials, including without limitation: (1) copyrightable materials, such as text, images, photographs, designs, graphics, video clips, audio clips, data, technology, software, graphical interfaces, the “look and feel” of the site, the selection, compilation, assembly and arrangement of site materials, and other copyrightable materials (including source code and object code); (2) trademarks, trade names, trade dress, logos, slogans and other trade identities and the domain names and URLs associated therewith, whether registered or unregistered (collectively, “Trademarks”) and (3) other types of proprietary materials (all of the foregoing, collectively and individually, “Content”).
The Website and its features and functionality (including all Content as defined above), are owned by the Company, its licensors and certain other third parties. All right, title and interest in and to the Content is owned by the Company, its licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property, unfair competition and proprietary rights laws. This applies to Content, whether registered or unregistered, and regardless of whether a proprietary notice appears on such materials. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Website or materials obtained via the Website.
5. Content You Submit
Non-Confidentiality of User-Generated Content. Before submitting User-Generated Content to the Website, please keep in mind that, as with any mobile communications and uses of the Internet, such content may not be secure and we are under no obligation to you or others to keep it confidential or secure or to return it to you at some later time.
License to Company of User-Generated Content. You hereby grant to Company a non-exclusive, worldwide, irrevocable, perpetual and royalty-free right and license to use, copy, distribute, reproduce, display, publicly perform, and make derivative works of, your User-Generated Content, for any purpose whatsoever, in any medium now known or hereafter developed, and with any technology or device now known or hereafter developed. You also agree to give Company the perpetual and irrevocable right to use your name, persona and likeness in connection with any User-Generated Content, without any obligation or payment. Except as prohibited by law, you waive any moral rights, including attribution and integrity, you may have in User-Generated Content. Company may, in its sole discretion, display, post, store, maintain, accept or otherwise use, your User-Generated Content and it may, in its sole discretion, modify, remove or refuse to post or use User-Generated Content, without notice or liability.
6. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Website;
- send e-mails or other communications to others containing certain Website content, or links to certain Website content, including content owned by Company and content owned by third parties;
- post certain content, such as photographs or other materials, to the Website;
- link directly to the Company’s social media pages; and/or
- cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
- share or post any content or materials that you do not own or have a valid license to use;
- share or post any content or materials which would violate the intellectual property rights, rights of publicity, privacy, contractual or legal rights of others;
- establish a link to the Website from any website that is not owned by you;
- link to any part of the Website other than the homepage;
- cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- interfere with the operation of the Company’s social media pages; and
You understand and agree that we are not responsible for conduct occurring on third party social media sites and you agree to review and comply with any applicable third party terms of service and privacy policies of such third party sites. We may disable any or all of the social media features and links on the Website, at any time, without notice, and in our sole discretion.
7. Acceptable Use of Our Website
- use the Website in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries);
- use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
- use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Website;
- introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- engage in phishing, impersonation, data mining or scraping, or any other attempt to interfere with the Company’s business, data security, or the operations of the Website;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Website.
8. Website Registration/Passwords
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
9. Reliance on Website Content/Third Party Content
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include or display proprietary and other content provided by users of the Website or other third parties, including, without limitation, designs, images, text, articles, comments, software, and other content and materials provided by third parties, including, without limitation, User-Generated Content (“Third Party Content”). The Company is not responsible for Third Party Content, its accuracy, availability, or completeness, or for any representations made by third parties on the Website in connection with Third Party Content. Any representations or opinions conveyed by others in connection with Third Party Content are solely the responsibility of those third parties and not of the Company. We are not responsible for, or liable to you or any third party for, such content or for the accuracy, availability or completeness of any Third Party Content, or for any violations of third party rights which may arise from the availability or display of Third Party Content.
10. Information About You and Your Visits to the Website
11. Links from the Website
To the extent the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
12. DISCLAIMER OF WARRANTIES
we cannot and do not guarantee or warrant that files OR OTHER MATERIALS available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ON OTHER WEBSITES, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
OTHER THAN WITH RESPECT TO BREACH OF A WARRANTY AS SET FORTH IN THE PREVIOUS PARAGRAPH, FAILURE TO GIVE TEMPAPER WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT OF THE PRODUCTS SHALL CONSTITUTE A WAIVER BY YOU OF ALL CLAIMS, INCLUDING CLAIMS FOR DAMAGED OR DEFECTIVE PRODUCTS, SHORTAGE, NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER. IT IS AGREED THAT TEMPAPER’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN STRICT LIABILITY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU TO TEMPAPER. UNDER NO CIRCUMSTANCES SHALL TEMPAPER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING TEMPAPER’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. TEMPAPER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY GREATER LIABILITY IN CONNECTION WITH ITS SALES.
15. Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any Content or materials on our website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:
Attn: Copyright Agent
381 Mantoloking Road
Brick, NJ 08723
16. Miscellaneous Terms and Conditions
(a) Modification or Suspension of the Website. We reserve the right to modify, withdraw or amend this Website and any service, product or content provided on or through the Website, in our sole discretion, without notice.
(b) Site Location. The Website is operated from within the United States of America. We make no representation or warranty that the Website, or any content or other materials available on the Website, are appropriate or available for access or use in other locations. Those who access the Website from outside the United States of America do so on their own initiative and are responsible for compliance with local laws and regulations, if and to the extent such local laws and regulations are applicable.
(c) Assignment. Company may assign its rights and obligations under this Agreement, in whole or in part, to any party, at any time, without notice. Your rights and obligations under this Agreement may not be assigned to any third party, without the prior written consent of an authorized Company representative.
(d) No Waiver. If you do not comply with these terms, and we do not take action right away, we are not waiving our right to take action in the future.
(e) Applicable Law/Jurisdiction. This Agreement and any disputes arising out of it shall be governed by the laws of the State of New Jersey, USA, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this Agreement or relating to use of the Website shall be brought exclusively in the federal or state courts of Ocean County, New Jersey, USA, and you and we consent to personal jurisdiction in those courts.
(f) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.
(h) Acknowledgement/Reservation of Rights. You acknowledge that you have read and understood this Agreement, and that this Agreement has the same force and effect as a signed agreement. All rights not expressly granted herein are hereby reserved.
(i) Contact Information. If you have any questions about this Agreement or the Website you may contact us via e-mail at [email protected], via phone at 732-920-2654, or via mail at:
381 Mantoloking Road
Brick, NJ 08723