Terms of Service
Welcome to the Man Repeller 2018 Holiday Buffet, the e-commerce website and related services (the “Website”), provided by Man Repeller, LLC (“Man Repeller”). These terms and conditions govern your access and use of the Website provided by Man Repeller and any all of its subsidiaries, affiliates, brands and entities that it controls. Please read these terms carefully before accessing the Website.
By using the Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.
You must be at least 13 [thirteen] years of age to use the Website. By using the website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
LICENSE TO USE WEBSITE
Unless otherwise stated, Man Repeller and/or its licensors own the intellectual property rights published on the Website and materials used on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from the Website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the Website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
- edit or otherwise modify any material on the Website;
- redistribute material from the Website – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of the Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to the Website without Man Repeller’s express written consent.
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Article ‘Spinning’
You must not use the Website or any part of it to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without the express written consent of Man Repeller.
Access to certain areas of the Website is restricted. Man Repeller reserves the right to restrict access to certain areas of the Website, or at our discretion, this entire website. Man Repeller may change or modify this policy without notice.
If Man Repeller provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. Man Repeller may disable your user ID and password at Man Repeller’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose, such user comments or product reviews.
You grant to Man Repeller a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Man Repeller the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Man Repeller or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Man Repeller reserves the right to edit or remove any material submitted to the Website, or stored on the servers of the Website, or hosted or published upon the Website
Man Repeller’s rights under these terms and conditions in relation to user content, Man Repeller does not undertake to monitor the submission of such content to, or the publication of such content on the Website.
NO WARRANTIES REGARDING THE WEBSITE
The Website is provided “as is” without any representations or warranties, express or implied. Man Repeller makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, Man Repeller does not warrant that:
- the Website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
NO WARRANTIES REGARDING GOODS AND SERVICES
The availability on the Website of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Website and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
Unless specified otherwise, all content and good featured on the Website are Copyright 2018 Man Repeller LLC and/or used under license. All rights are reserved. No portion of the Website may be reproduced, duplicated form the basis of a derivative work without express consent of Man Repeller.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Your communication must include substantially all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://___________ or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send the written communication to: email@example.com
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number.
- The following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which the your address is located, (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Send the written communication to: firstname.lastname@example.org
Man Repeller will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Man Repeller’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
LIMITATIONS OF LIABILITY
Except as provided in our Return Policy, or as by applicable laws relating to the sale or use of consumer products, Man Repeller will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Man Repeller has been expressly advised of the potential loss.
Nothing in the above disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the above disclaimer will exclude or limit the liability of Man Repeller in respect of any:
- death or personal injury caused by the gross negligence of Man Repeller or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of Man Repeller; or
- matter which it would be illegal or unlawful for Man Repeller to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Website, you agree that the exclusions and limitations of liability set out in the above disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website.
You accept that, as a limited liability entity, Man Repeller has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Man Repeller’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this above disclaimer will protect Man Repeller’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Man Repeller.
You hereby indemnify Man Repeller and undertake to keep Man Repeller indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Man Repeller to a third party in settlement of a claim or dispute on the advice of Man Repeller’s legal advisers) incurred or suffered by Man Repeller arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Man Repeller’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Man Repeller may take such action as Man Repeller deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Man Repeller may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.
Man Repeller may transfer, sub-contract or otherwise deal with Man Repeller’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts therein. Dependent upon circumstances of use, privacy rights related to these terms and conditions may or may not be subject certain digital privacy regulations, such as the European Union General Data Protection Regulation.