HELP DESK
- USER AGREEMENT
USER AGREEMENT PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is
expressly conditioned on your acceptance of the following terms and
conditions. By using this site, you signify your assent to these terms
and conditions. If you do not agree with any part of the following terms
and conditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, together with the
arrangement and compilation of the content found on this site, is the
copyrighted property of Southland Investments, Inc. D/B/A
MyChristmasStoreOnline.com. Nothing contained on this site should be construed as granting,
by implication, estoppels, or otherwise, any license or right to use anything
contained in this site without the written permission of
MyChristmasStoreOnline.com.
2. USE OF SITE. MyChristmasStoreOnline.com grants you a limited, non-transferable
license to use this site in accordance with the terms and conditions of
this User Agreement. This site and the content provided in this site,
including the text, graphics, button icons, audio and video clips,
digital downloads, data compilations and software, may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of MyChristmasStoreOnline.com, except that you may download, display
and print the materials presented on this site for your personal,
non-commercial use. You may not use any "robot," "spider" or other
automatic device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy
any of the Web pages, data or content found on this site, in any case
without the prior written permission of MyChristmasStoreOnline.com. You agree that
you will not transmit or otherwise transfer any Web pages, data or
content found on this site to any other computer, server, Web site, or
other medium for mass distribution or for use in any commercial
enterprise. You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the proper working of
this site. You agree that you will not take any action that imposes a
burden or load on our infrastructure that MyChristmasStoreOnline.com deems in its
sole discretion to be unreasonable or disproportionate to the benefits
MyChristmasStoreOnline.com obtains from your use of the site. Unauthorized use of
this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or
other laws. The use
of such materials on any other Web site or in any environment of
networked computers is prohibited.
You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law.
In addition, you are prohibited from posting or transmitting any
information which (a) infringes the rights of others or violates their
privacy or publicity rights, (b) is protected by copyright, trademark or
other proprietary right, unless with the express written permission of
the owner of such right, (c) contains a virus, bug or other harmful
item, or (d) is used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely liable for any
damages resulting from any infringement of copyright, trademark, or
other proprietary right, or any other harm resulting from your use of
this site.
3. AGE AND RESPONSIBILITY. If you use this site, you are responsible for
maintaining the confidentiality of your account information and your
password. You agree to accept responsibility for all activities that
occur under your account or password. You represent that you are of
sufficient legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the use of
this site. You understand that you are financially responsible for all
uses of this site by you and those using your login information.
4. PRIVACY. You have read the Privacy Policy, the terms
of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by MyChristmasStoreOnline.com in accordance with the terms of and for
the purposes set forth in MyChristmasStoreOnline.com's Privacy Policy.
5. REVIEW OF TRANSMISSIONS. MyChristmasStoreOnline.com may, from time to time
monitor and review any information transmitted or received through this
site and reserves the right to censor, edit, remove or prohibit the
transmission or receipt of any information that MyChristmasStoreOnline.com deems
inappropriate or in violation of these terms and conditions. During
monitoring, the information may be examined, recorded or copied, and
your use of this site constitutes your consent to such monitoring and
review. You agree that if you submit suggestions, ideas, comments or
questions or post any other information on this site, you grant
MyChristmasStoreOnline.com a worldwide, non-exclusive,
royalty-free, perpetual, and irrevocable right to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any form, media or
technology. MyChristmasStoreOnline.com takes no responsibility and assumes no
liability for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY. MYCHRISTMASSTOREONLINE.COM MAKES NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR
ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS
IS" BASIS. MYCHRISTMASSTOREONLINE.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
MYCHRISTMASSTOREONLINE.COM DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM
MYCHRISTMASSTOREONLINE.COM ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY
FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. MYCHRISTMASSTOREONLINE.COM ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL
MYCHRISTMASSTOREONLINE.COM BE LIABLE
FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY,
PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES
OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR
CONTENT FOUND HEREIN, OR (II) ANY PERFORMANCE OR NON PERFORMANCE BY
MYCHRISTMASSTOREONLINE.COM
INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM
BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH
PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing,
MyChristmasStoreOnline.com or any third party provider or distributor should be
found liable for any loss or damage which arises out of or is in any way
connected with any of the above described functions or uses of this site
or its content, the liability of MyChristmasStoreOnline.com and the third party
providers and distributors shall in no event exceed, in the aggregate,
the greater of (a) the subscription fee and service charge for accessing
this site, or (b) US$100.00. In its sole discretion, in addition to any
other rights or remedies available to MyChristmasStoreOnline.com and without any
liability whatsoever, MyChristmasStoreOnline.com at any time and without notice
may terminate or restrict your access to any component of this site.
Some states do not allow limitation of liability, so the foregoing
limitation may not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify
MyChristmasStoreOnline.com and
any third party providers and distributors and their officers,
directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and
accounting fees, brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your use of this
site.
9. LINKS. This site contains links to other Web sites which are provided
solely as a convenience to you and not as an endorsement by
MyChristmasStoreOnline.com of the
contents of such other Web sites. MyChristmasStoreOnline.com shall not be responsible for the content of
any other Web sites and make no representation or warranty regarding any
other Web sites or the contents or materials on such Web sites. If you
decide to access other Web sites, you do so at your own risk.
10. RELATIONSHIP. The relationship between MyChristmasStoreOnline.com and you will
be that of independent contractors, and neither of us nor any of our
respective officers, agents or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of the other.
11. GOVERNING LAW. This Agreement and its performance shall be governed
by the laws of the state of Tennessee without
regard to its conflict of laws provisions. You consent and submit to the
exclusive jurisdiction of the state and federal courts located in
Sullivan county, the state of Tennessee, United States of America, in
all questions and controversies arising out of your use of this site and
this Agreement. To the extent allowed by applicable law, any claim or
cause of action arising from or relating to your access or use of this
site must be brought within one (1) year from the date on which such
claim or action arose or accrued.
12. ATTORNEY'S FEES. If MyChristmasStoreOnline.com take any
action to enforce this User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which such
parties may be entitled.
13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions
will cause such damage to MyChristmasStoreOnline.com as will be irreparable, the
exact amount of which would be difficult to ascertain and for which
there will be no adequate remedy at law. Accordingly, you agree that
MyChristmasStoreOnline.com shall be entitled as a matter of right to an injunction
issued by any court of competent jurisdiction, restraining such
violation or attempted violation of these terms and conditions by You,
or Your affiliates, partners, or agents, as well as recover from You any
and all costs and expenses sustained or incurred by
MyChristmasStoreOnline.com in
obtaining such an injunction, including, without limitation, reasonable
attorney's fees. You agree that no bond or other security shall be
required in connection with such injunction.
14. TERMINATION. MyChristmasStoreOnline.com may terminate this User Agreement and
these terms and conditions and/or the provision of any of the services
at any time for any reason, including any improper use of this site or
your failure to comply with these terms and conditions. Such termination
shall not effect any right to relief to which MyChristmasStoreOnline.com and its
third party providers and distributors may be entitled, at law or in
equity. Upon termination of this User Agreement and these terms and
conditions, all rights granted to you will terminate and revert to
MyChristmasStoreOnline.com and its third party providers or distributors, as
applicable.
15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
16. MODIFICATION. MyChristmasStoreOnline.com may at any time modify these terms
and conditions and your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your use.
17. ADDITIONAL TERMS. Additional terms and conditions may apply to
reservations, purchases of goods and services and other uses of portions
of this site, and you agree to abide by such other terms and conditions.
18. SEVERABILITY. These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
19. HEADINGS. The headings used in this User Agreement are included for
convenience only and will not limit or otherwise affect the terms and
conditions herein.
20. ENTIRE
AGREEMENT. This User Agreement, together with any terms and conditions
incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications available on this site.