Slate and Tell Legal Information
Slate and Tell provides the content and services available on the Slate and Tell Web site (the "Site") to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
All content available on the Site, including, but not limited to, jewelry designs, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Slate and Tell, its partners or licensors, and is protected by United States, foreign and international copyright laws.
The trademarks, logos and service marks displayed on the Site (collectively, the "Trademarks") are the marks of Slate and Tell, its partners or licensors, in the United States and other countries, and are protected by United States, foreign and international trademark laws.
Except as set forth in the Limited Licenses section below, or as required under applicable law, none of the Content or Trademarks nor any portion of the Site may be used, copied, sold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and view the Site for your own personal use. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or any Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work, jewelry or jewelry design, based upon either the Site or any Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Intended for Users Over 13
The Site is intended for use by individuals of at least 13 years of age or older. The Site is not directed for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to use the Site. Slate and Tell does provide products for children, but it sells them to adults only.
Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to, or from, the Site. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to, or from, the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH, OR THE PRESENCE OF, OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO, OR FROM, THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorney fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages or costs, including reasonable attorney fees, resulting from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Enforcement of Terms and Conditions
These Terms and Conditions are governed, interpreted and enforced exclusively pursuant to the laws of the State of New York, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms and Conditions, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of New York, State of New York, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of the remaining provisions. Slate and Tell may revise these Terms and Conditions at any time by updating this posting.
Slate and Tell may terminate this agreement at any time, without notice and for any reason.