This site located at http://www.marinab.com (together with any successor site(s), the “Site”) is operated by Marina B Holding LLC (“Marina B”), owner of the Marina B collection of jewelry, to provide information and marketing about the Marina B collection.
Access to and use of the Site, its images and text files and data is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws.
TERMS AND CONDITIONS
By accessing, browsing, contributing to or otherwise using the Site, you (“You”) accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms:
(1) Acceptance. These Terms and Conditions govern Your use of the Site and is a legal contract between You and Marina B. These Terms and Conditions apply to all users of the Site, including uploading any content or materials on the Site.
(2) Modifications. Marina B may, in its sole discretion, modify or revise these Terms and Conditions at any time, and You agree to be bound by such modifications or revisions. Whenever Marina B does so modify or revise these Terms and Conditions, Marina B will post the changes to the Terms and Conditions on the Site and will indicate at the top of the Terms and Conditions the date these terms were last revised. It is Your responsibility to regularly check the Site to determine if there have been changes to the Terms and Conditions and to review such changes. If You do not agree to any of the terms in the then-current Terms and Conditions, You should not use the Site.
(4) Intellectual Property Rights. The content included in this Site, including images of jewelry, graphics, logos, designs, images, or software is the property of Marina B or its content suppliers and is protected by the United States and international copyright laws. The compilation of all material on this Site is also the property exclusively of Marina B. Any and all graphics, logos and trade and service names are trademarks or trade dress of Marina B in the United States. You may not distribute, publicly display or perform, or make derivative works of, the Site or any of its contents or any derivative works thereof.
Furthermore, You may not use any meta tags or any other text utilizing Marina B’s name or trademarks without the express written consent of Marina B. You may not use any Marina B logo or other proprietary graphic or trademark whatsoever without the express written consent of Marina B.
(5) Submissions and Postings. The Site may include forums, bulletin boards, blogs or other areas for sharing and posting information that would allow Site Users to post data, images, audio and video clips, documentation, text, commentary and other information on the Site (collectively, any such content submitted by you, “Your Content”).
(6) License Grant. You irrevocably grant Marina B a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world, in all languages and in all media now in existence or hereafter developed, including, but not limited to, for use on the internet or Site, in a published book and/or for use on a DVD or other media-based content. Furthermore, for purposes of clarity, You grant Marina B the right to sublicense Your Content to third parties.
(7) Name. You grant the right to use Your name/organizational name that You submit in connection with Your Content at Marina B’s sole discretion in connection with any promotional purposes of Marina B.
(8) Restrictions on Use. You agree NOT to:
a) Submit or post anything that is unlawful, threatening, abusive, libelous, defamatory or indecent information of any kind, or engage in any conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law or otherwise cause injury of any kind;
b) Submit or post anything that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing, or any form of “spam.”
c) Instigate or encourage others to commit illegal activities or cause injury or property damage to any person. You are solely responsible for any injury caused;
d) Reproduce, publicly display or perform, publish, distribute, transmit, modify, sell, create derivative works from, or otherwise exploit the Site or any content on the Site for any purpose whatsoever, except Your Content may be used by You for personal use.
e) Circumvent, disable or interfere with security-related features of the Site or features that prevent or restrict use or copying of any content on the Site, whether posted by You or by other users of the Site or enforce limitations on use of the Site;
f) Act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, martial status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Marina B;
g) Stalk or otherwise harass anyone and/or post pornographic or indecent materials or otherwise post anything inflammatory, vulgar or overtly insulting;
h) Upload infringing content, download or distribute any materials unless expressly authorized, or publicize any copyrighted works on or from the Site or otherwise facilitate the unlawful distribution of copyrighted content;
i) Make any defamatory or libelous comments or otherwise violate anyone’s rights in their name or likeness or use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or
j) Engage in any other conduct that violates any federal, state or applicable local law or regulation.
(9) Content Removal or Rejection. You agree that Marina B may edit, remove or decline to post, any of Your Content in its sole discretion without any obligation to You. Marina B has a right, but no obligation, to monitor and edit or remove any and all of Your Content, but Marina B takes no responsibility and assumes no liability for any of Your Content posted by You or any third party.
(10) Account Termination. Marina B reserves the right to cancel Your account for any reason whatsoever at any time without prior notice and at its sole discretion, including, but not limited to, for violations of the Terms and Conditions, violations of third party intellectual property rights, or for any interference with the ability of others to enjoy the Site in any way as determined by Marina B. In particular and without limiting the foregoing, Marina B may terminate your account if you repeatedly post or otherwise submit any material that infringes the copyrights of others.
(11) Disclaimer. The views and ideas expressed on the Site are not necessarily the views and ideas held by Marina B or its directors, executives, staff, members, volunteers or agents. Marina B does not take responsibility, nor endorse or support the writings or views of Your Content, unless otherwise specifically noted therein. Marina B makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content or potential forum discussions included on or otherwise made available.
(12) Indemnity and Release. You agree to indemnify, defend, and hold Marina B, its respective agents, employees, volunteers, licensees and assigns harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to Your Content. In addition, You expressly release Marina B, its respective agents, employees, volunteers, licensees and assigns from any and all claims arising out of dissemination of Your Content or use in any way permitted under these Terms and Conditions. This defense and indemnification will survive these Terms and Conditions and Your use of the Site.
(13) No MARINA B Liability for Damages. Use of and browsing the Site is at Your own risk. Neither Marina B nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of Your access to, or use of the Site. Without limiting the foregoing, all content on the Site are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, NEITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMIITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND/OR NON-INFRINGEMENT. Marina B assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect users’ computer equipment or other property on account of users’ access to, use of, contribution to, or browsing in any content of the Site. Nothing in this Terms and Conditions shall be deemed to confer any third party rights or benefits.
(14) Applicable Venue. By visiting the Site, You agree to resolve all claims or disputes in the courts of the State of New York, and expressly submit to exclusive jurisdiction and venue in such courts. You further agree that the law of the State of New York governs these Terms and Conditions.
(15) Take Down Procedure: Marina B complies with all applicable United States intellectual property law and with the provisions of the Digital Millennium Copyright Act (“The DMCA”) in section 512 of the Copyright Act (17 U.S.C. § 512). Accordingly, Marina B follows a take-down procedure for any purported intellectual property infringement. Under this policy, if You believe that any of Your Content has been infringed, You should report it to Marina B at firstname.lastname@example.org and include the information required in section 512(c)(3) of the Copyright Act. Marina B will remove Your Content in accordance with the applicable provisions of section 512 of the Copyright Act.