PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SVP GROUP ABRESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Intellectual Property
The contents of the Site are protected by copyright, trademark and other intellectual property laws. This Site and all materials available on the Site are the property of SVP Worldwide and/or its affiliates or licensors (herein after collectively referred to as “SVP”).
SMARTER BY PFAFF and other trademarks and service marks used in the Site are exclusive property of SVP or its licensors. No rights to the use of these trademarks or services marks are licensed by this Agreement.
By posting or submitting any material (including, without limitations, digital images and videos) to the Site or by email (or by any media now known or hereafter developed) to SVP, you are representing: (1) that you are the owner of the material or that you are making your posting or submission with the express consent of the owner of the material; and (2) that you are 13 years of age or older. Further, when you post or submit any material, you agree to grant to SVP, and to anyone authorized by SVP, a non-exclusive, royalty-free, irrevocable, unrestricted, worldwide, perpetual license (including the right to sub-license) to use, copy, modify, sell, exploit, distribute, transmit, create derivative works of, publicly display and perform any such materials, in whole or in part, The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction. You also grant to SVP, and anyone authorized by SVP, the right to identify you as the author of any of your postings or submissions. You may be identified by name, email address or screen name, as we deem appropriate. You agree that you shall have no recourse against SVP for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SVP.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by SVP, SVP does not operate, control or endorse any information, products or services on the Internet in any way. You may establish a hypertext link to the Site provided that the link does not state or imply any sponsorship of your site by the Site or by SVP. To the fullest extent permitted by law, SVP disclaims any warranties for viruses or other harmful components in connection with the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SVP PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SVP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. SVP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. SVP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SVP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SVP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SVP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SVP makes no representations whatsoever about any other web site which you may access through the Site or which may link to the Site. When you access a non-SVP web site, please understand that it is independent from SVP, and that SVP has no control over the content on that web site. In addition, a link to a SVP web site does not mean that SVP endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless SVP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of SVP and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
We may cancel or terminate your right to use the Site or any part of the Site at any time without cause and without notice to you in our sole discretion. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive.
This Agreement shall all be governed and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between SVP and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New York. You agree that any cause of action arising out of or related to the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. SVP’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SVP may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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