Giddy Gander, LLC - Wumbler Website
WEB SITE TERMS AND CONDITIONS OF USE AGREEMENT
ATTENTION: Please read this Web Site Terms and Conditions of Use Agreement (these “Terms”) carefully before using The Wumblers (“Wumblers”) Web site (the “Site”). By going beyond the Site’s homepage, you (hereinafter “You” or “User”) are deemed to have agreed to and accepted these Terms. If You do not accept these Terms, do not use the Site.
1. Site Material; Copyright and Proprietary Rights. The Site, its contents, and its arrangement are (i) provided for User’s non-commercial use, (ii) the property of The Giddy Gander Company L.L.C. (“Giddy Gander”) and (iii) protected by United States and international copyright and other intellectual property laws. All copyright, trademark, and other proprietary rights in the Site and in the software, text, graphics, design elements, code and all other materials originated or used by Giddy Gander at or in the Site (collectively, the “Site Material”) are reserved to Giddy Gander. All other trademarks or domain names not owned by Giddy Gander that appear on the Site are the property of their respective owners. User shall not modify, reproduce, upload, post, transmit, download or distribute any part of the Site Material, or decompile, reverse engineer, or disassemble the Site Material, other than printing out or downloading portions of the text and images for User’s own personal, non-commercial use, provided User keeps intact all copyright, trademark and other proprietary notices. This limited authorization is not a transfer of title in the Site Material and by use of the Site, User acknowledges that User does not acquire any license, ownership or other rights to the Site Material.
2. Claims of Copyright Infringement; Policy. Giddy Gander respects the intellectual property of others, and asks User to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Designated Copyright Agent may be contacted as follows:
Heidi Schwartz
The Giddy Gander Company L.L.C.
154 Main Street
Fort Lee, NJ 07024
Phone: 201/944-9004
E-mail:heidis@giddygander.com
3. Disclaimer of Warranties and Limitation of Liability. User understands that all users accept responsibility for their own acts, and User agrees that an act by another user that injures User cannot be blamed on Giddy Gander. Further, User understands the inherent risks associated with operating a Web site, and that Giddy Gander would not be able to make the Site offered to User if Giddy Gander would be liable for such inherent risks as usability problems, system failure or similar errors. Accordingly, in addition to the disclaimers herein, Giddy Gander must make the following disclaimers and insure that our liability for any problems connected with the Site is strictly limited, indemnified and released.
A. Disclaimer. USER EXPRESSLY UNDERSTANDS AND AGREES THAT (A) THE SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; (B) GIDDY GANDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS; (C) GIDDY GANDER MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE or any advice, statement, or other information displayed or distributed through the Site; AND (D) GIDDY GANDER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GIDDY GANDER IS NOT RESPONSIBLE FOR THOSE COSTS. GIDDY GANDER SHALL NOT BE HELD RESPONSIBLE FOR THIRD PARTY MATERIAL ON THE SITE.
B. Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT GIDDY GANDER and its affiliates, officers, directors, shareholders, attorneys, agents, and employees, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY LINKED SITE; OR ANY OTHER MATTER RELATING TO THE SITE. USER’S USE OF THE SITE IS AT USER’S OWN RISK. IF USER IS DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SITE, USER’S SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
C. Indemnification and Release. User agrees to indemnify and hold Giddy Gander and its affiliates, officers, directors, shareholders, attorneys, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, User’s connection to the Site, User’s violation of these Terms, or User’s violation of any rights of another.
4. Modification. Giddy Gander may, at any time without notice, and in our sole discretion, amend or modify the Site or these Terms by updating the Site or this Web page. Therefore, User should review the Site and this page from time to time so that User will be aware of any such modifications. Giddy Gander is under no obligation to update the Site or the Terms. User’s continued use of the Site after any modification to the Site will be considered acceptance of those modifications.
5. Third Party Sites. Links to third party Web sites made at the Site (collectively, “Linked Sites”) are not under Giddy Gander’s control, and we are not responsible for the contents thereof. Linked Sites are provided to User only as a convenience, and inclusion of a link does not imply endorsement or representation of the Linked Site or any information, materials, goods or services located thereon or any sponsorship, affiliation or association with its operators. User acknowledges and agrees that Giddy Gander shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site. Domain names and trademarks of Linked Sites, or contained in information accessed at Linked Sites, are the sole property of their respective owners.
6. Privacy Policy. The treatment of personally identifiable information that Giddy Gander collects when User is on the Site is subject to our Privacy Policy.
7. Termination. These terms shall remain in force and effect while User is using the Site. In addition to any causes of termination provided herein, Giddy Gander reserves the right, in its sole discretion and without any liability to User, to terminate User’s access to and use of the Site or any part thereof for any reason whatsoever, including, without limitation if Giddy Gander believes that User has violated or acted inconsistently with these Terms. Giddy Gander may also, in our sole discretion and at any time, discontinue operation of the Site or any part thereof. Any such termination may be effected without any prior notice. Giddy Gander shall not be liable to User for any termination of User’s access to the Site.
8. Entire Agreement; Governing Law; Severability. These Terms constitutes the entire agreement between Giddy Gander and User with respect to User’s use of the Site. These Terms are entered into in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Essex in the State of New Jersey, and waives any jurisdictional, venue, or forum non conveniens objections to such courts. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
