Terms and Conditions
AGREEMENT BETWEEN USER AND FUSION BRANDS, INC.
The network of Web Sites operated by Fusion Brands, Inc. or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. Fusion Brands, Inc. Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Fusion Brands, Inc. Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Fusion Brands, Inc. website included within the Fusion Brands, Inc. Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Fusion Brands, Inc. Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Fusion Brands, Inc. website, then these terms shall control.
Fusion Brands, Inc. reserves the right to change the terms, conditions, and notices under which the Fusion Brands, Inc. Web Sites are offered, including but not limited to the charges associated with the use of the Fusion Brands, Inc. Web Sites. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Fusion Brands, Inc. Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Fusion Brands, Inc. Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Fusion Brands, Inc. or to purchase Fusion Brands, Inc. products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Fusion Brands, Inc. is strictly prohibited.
Harassment in any manner or form on the Site or any of the Fusion Brands, Inc. Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Fusion Brands, Inc. employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The Site and the entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is protected by copyright, trademark and other intellectual property and proprietary rights laws, and are the property of Fusion Brands, Inc. In particular, Fusion Brands, Inc. owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the information and materials available on the Site. The collective work includes works that are licensed to Fusion Brands, Inc.. Copyright 2012. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Fusion Brands, Inc., or other respective owners that have granted Fusion Brands, Inc. the right and license to use such Marks. Nothing contained on the Site should be considered as granting, by implication, estoppel, custom, usage or otherwise, any license or right to use any Marks, without the express written consent of Fusion Brands Inc. or its licensors. Accordingly, unauthorized use or reproduction of the Site may violate copyright laws, trademark laws, laws pertaining to privacy or publicity rights, or other laws or regulations.
However, despite the foregoing, we do not claim any ownership rights in the text, files, images, photos, video, works of authorship, applications, or any other materials (collectively, “ Your Content”) that you post on the Site. After posting Your Content to the Site, you continue to retain any such rights that you may have in Your Content, subject to the limited license herein. By displaying or publishing (“posting”) Your Content on the Site, you hereby grant to Fusion Brands, Inc. a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such content solely on or through the Site in any media formats and through any media channels. This limited license does not grant Fusion Brands, Inc. the right to sell or otherwise distribute Your Content outside of the Site. After you remove Your Content from the Site we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. The license you grant to Fusion Brands, Inc. is non-exclusive, fully-paid, royalty-free, sublicensable and worldwide.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Fusion Brands, Inc. respects the intellectual property of others, and we ask our users and visitors to do the same. Fusion Brands, Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Fusion Brands, Inc. will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fusion Brands, Inc. the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Fusion Brands, Inc. to contact you;
- 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;
- 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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Fusion Brands, Inc.
444 Madison Avenue, Suite 7C
New York, NY 10022
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FUSION BRANDS, INC. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event a Fusion Brands, Inc. product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Fusion Brands, Inc. shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Fusion Brands, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Fusion Brands, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
United States Fusion Brands Inc.
444 Madison Avenue Suite 7C
New York, NY 10022
Barbados Durants Business Centre
Durants, Christ Church, Barbados, BB17097
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Fusion Brands, Inc., Fusion Brands, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fusion Brands, Inc.. Fusion Brands, Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Fusion Brands, Inc. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Fusion Brands, Inc. seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
TERM; TERMINATION. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Fusion Brands, Inc. without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Fusion Brands, Inc. does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Fusion Brands, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Fusion Brands, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Fusion Brands, Inc. at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Fusion Brands, Inc. in accordance with Fusion Brands, Inc.'s Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement Privacy Statement., any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Fusion Brands, Inc. will have no obligations with respect to the Communications. Fusion Brands, Inc. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
USER CHAT ROOMS.
Fusion Brands, Inc. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Fusion Brands, Inc., however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Each claim or statement about the effectiveness of Fusion Brands, Inc. products and/or each claim or statement comparing the effectiveness of Fusion Brands, Inc. products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Fusion Brands, Inc. makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
Fusion Brands, Inc. does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUSION BRANDS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FUSION BRANDS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUSION BRANDS, INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FUSION BRANDS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FUSION BRANDS, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Fusion Brands, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
By accessing the Site, you and Fusion Brands, Inc. agree that all matters relating to your access to, or use of, the Site shall be governed by the laws of the State of New York, and the federal laws of the USA, without regard to the conflicts of laws and principles thereof. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. You and Fusion Brands, Inc. agree that each party shall comply with such obligations as may be required of it with respect to the protection of personal information (“Data”) in those jurisdictions where such Data may be located and/or accessed (for example, such legislation as may be applicable in the USA). In addition, you agree that you shall not, in undertaking your obligations pursuant to this Agreement, undertake any acts or omissions that would result in Fusion Brands, Inc. being in breach of such legislation.
By using this Site, you agree that Fusion Brands, Inc., at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Fusion Brands, Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. These Terms represent our entire understanding with respect to their subject matter. Any of these Terms which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms or affecting the validity or enforceability of these Terms in any other jurisdiction. No waiver by us of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations under these Terms, in whole or in part, without our prior written consent. These Terms shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns. You expressly consent to the exclusive forum, jurisdiction, and venue of the state or federal courts located in the State of New York, or any other judicial district or jurisdiction as Fusion Brands, Inc. may determine in any and all actions, disputes, or controversies relating hereto.