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Direct Novelty and its affiliates provide their services to you subject to the following conditions.
If you visit or shop at Direct Novelty, you accept these conditions.
Please read them carefully. In addition, when you use any current or future Direct Novelty
service or visit or
purchase from any business affiliated with Direct Novelty,
whether or not included in the Direct Novelty Web site, you also will be subject to the guidelines and conditions
applicable to such service or business.
PRIVACY
Please review our Privacy Notice,
which also governs your visit to Direct Novelty, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Direct Novelty or send e-mails to us,
you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital
downloads,
data compilations, and software, is the property of Direct Novelty or its content suppliers and protected by United
States
and international copyright laws.
The compilation of all content on this site is the exclusive property of Direct Novelty
and protected by U.S.
and international copyright laws.
All software used on this site is the property of Direct Novelty or its software suppliers and protected by
United States and international copyright laws.
LICENSE AND SITE ACCESS
Direct Novelty grants you a limited license to access and make personal use of this site and not to download (other
than page caching)
or modify it, or any portion of it, except with express written consent of Direct Novelty.
This license does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent of
Direct Novelty.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Direct Novelty and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing Direct Noveltys name or trademarks
without the express written consent of Direct Novelty.
Any unauthorized use terminates the permission or license granted by Direct Novelty.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of
Direct Novelty so long as the link does not portray Direct Novelty, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter.
You may not use any Direct Novelty logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for all activities that occur under your
account or password. Direct Novelty does sell products for children,
but it sells them to adults, who can purchase with a credit card. If you are under 18,
you may use Direct Novelty only with involvement of a parent or guardian. Direct Novelty and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other
information,
so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual
property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation.
You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of content. Direct Novelty reserves the right (but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Direct Novelty and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media.
You grant Direct Novelty and its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify Direct Novelty or its affiliates for all claims
resulting from content you supply. Direct Novelty has the right but not the obligation to monitor and edit or
remove any activity or content. Direct Novelty takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT COMPLAINTS
Direct Novelty and its affiliates respect the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Direct Novelty are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Direct Novelty and its affiliates attempt to be as accurate as possible.
However, Direct Novelty does not warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Direct Novelty itself is not as described,
your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than Direct Novelty and its subsidiaries operate stores, provide services, or sell product lines
on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. Direct Novelty does not assume any responsibility
or liability for the actions, product, and content of all these and any other third parties. You should carefully
review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Direct Novelty ON AN "AS IS" AND "AS AVAILABLE" BASIS. Direct Novelty
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Direct Novelty DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Direct Novelty DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Direct Novelty
ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Direct Novelty WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Direct Novelty, you agree that the laws of the state of New York, without regard
to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and
Direct Novelty or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Direct Novelty or to products you purchase through
Direct Novelty shall be submitted to confidential arbitration in Albany, NY, except that, to the
extent you have in any
manner violated or threatened to violate Direct Noveltys intellectual property rights,
Direct Novelty may seek
injunctive or other appropriate relief in any state or federal court in the state of
New York, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVER ABILITY
Please review our other policies, posted on this site.
These policies also govern your visit to Direct Novelty.
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining
condition.
OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE Direct Novelty site is developed in English and MAY BE translated into other languages. TO THE
EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all
purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE
Direct Novelty SITE SHALL BE
OFFICIAL AND BINDING ON THE PARTIES. Direct Novelty is not responsible for the accuracy and correctness of the
translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY
NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS. |
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Relay For Life
Barware
